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STATE v. LEE

No. 19441.

560 N.W.2d 552 (1997)

1997 SD 26

STATE of South Dakota, Plaintiff and Appellee, v. Brian Ray LEE, Defendant and Appellant.

Supreme Court of South Dakota.

Decided March 12, 1997.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Jeffrey P. Hallem, Assistant Attorney General, for plaintiff and appellee.

Sidney B. Strange of Strange, Farrell, Johnson and Casey, Sioux Falls, for defendant and appellant. On the Brief, Rick Mickelson of Mickelson Law Office.

PER CURIAM.

[¶ 1] Brian Ray Lee pled guilty to sexual contact with a minor under sixteen years. As part of the plea agreement, the State recommended a suspended sentence. After advising him it was not bound by this recommendation, the court imposed a penitentiary sentence. Was defendant entitled to withdraw his plea when the court disregarded the recommendation? We answer no and affirm the sentence because there was no binding disposition pursuant to SDCL 23A...

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