STATE v. BURGERS

No. 20790.

602 N.W.2d 277 (1999)

1999 SD 140

STATE of South Dakota, Plaintiff and Appellee, v. James Walter BURGERS, Defendant and Appellant.

Supreme Court of South Dakota.

Decided October 27, 1999.

Rehearing Denied December 3, 1999.


Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Grant Gormley, Assistant Attorney General, Pierre, for plaintiff and appellee.

Michael J. Butler, Sioux Falls, for defendant and appellant.


KONENKAMP, Justice.

[¶ 1.] James Walter Burgers appeals the denial of an order for change of judge and the refusal to grant bail pending appeal. His request for a change of judge was untimely because he pleaded guilty earlier, and the denial of bail was not an abuse of discretion. We affirm.

Facts

[¶ 2.] On June 12, 1998, Burgers appeared with counsel in magistrate court on a complaint charging sexual contact with a child. He waived his...

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