No. 22644.

666 N.W.2d 472 (2003)

2003 SD 74

Jeffrey GRAJCZYK, Appellant, v. STATE of South Dakota, Appellee.

Supreme Court of South Dakota.

Decided July 2, 2003.

Attorney(s) appearing for the Case

Steve Miller, Sioux Falls, South Dakota, Attorney for appellant.

Lawrence E. Long, Attorney General, Frank E. Geaghan, Assistant Attorney General, Pierre, South Dakota, Attorneys for appellee.


[¶ 1.] Jeffrey Grajczyk appeals the terms of his confinement to the South Dakota State penitentiary following his mistaken release from prison on a suspended sentence. Grajczyk claims he is being required to serve the same sentence twice.


[¶ 2.] In June 1994 Grajczyk was sentenced to serve fifteen years for aggravated assault. At the time it was imposed, the fifteen year sentence consisted of seven years...

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