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STATE v. RICHARDS

No. 21935.

640 N.W.2d 480 (2002)

2002 SD 18

STATE of South Dakota, Plaintiff and Appellee, v. Bevis R. RICHARDS, Defendant and Appellant.

Supreme Court of South Dakota.

Decided February 6, 2002.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, John M. Strohman, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Bryan T. Andersen, Office of Public Defender, Rapid City, South Dakota, Attorney for defendant and appellant.

GORS, Acting Justice.

[¶ 1.] Bevis R. Richards pled guilty to escape and was sentenced to serve seven years in the penitentiary consecutively to the sentence he was already serving. On appeal he contends that he did not understand the nature and consequences of his guilty plea because the trial court did not, as required by SDCL 23A-7-4, inform him of the mandatory minimum penitentiary sentence. We reverse and remand.

FACTS

[¶ 2.] On May...

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