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STATE v. GARBER

No. 22693.

674 N.W.2d 320 (2004)

2004 SD 2

STATE of South Dakota, Plaintiff and Appellee, v. Damien GARBER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided January 7, 2004.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Sherri Sundem Wald, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Robert Tiefenthaler, Sioux City, Iowa, Attorney for defendant and appellant.

GILBERTSON, Chief Justice.

[¶ 1.] After Damien Garber (Garber) pleaded guilty to Possession of a Controlled Substance in violation of SDCL 22-42-5, he was sentenced to ten years in the South Dakota State Penitentiary. On appeal, Garber raises the following issues: (1) whether the right to remain silent extends through sentencing; (2) whether his sentence was grossly disproportionate; (3) whether he should be re-sentenced by a different judge; and (4) whether...

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