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VANDEN HOEK v. WEBER

No. 23972.

724 N.W.2d 858 (2006)

2006 SD 102

Ryan Lee VANDEN HOEK, Petitioner and Appellant, v. Douglas WEBER, Warden of the South Dakota State Penitentiary, Respondent and Appellee.

Supreme Court of South Dakota.

Decided November 21, 2006.

Attorney(s) appearing for the Case

Mike C. Fink, Bjorkman & Fink, Bridgewater, South Dakota, Attorney for petitioner and appellant.

Lawrence E. Long, Attorney General, Daniel J. Todd, Assistant Attorney General, Department of Social Services Legal Services, Pierre, South Dakota, Attorneys for respondent and appellee.

SABERS, Justice.

[¶ 1.] Ryan Lee Vanden Hoek (Vanden Hoek) pleaded guilty to one count of kidnapping and one count of rape. He received 90 years for the kidnapping charge with 30 years suspended and 25 years for the rape charge, to be served concurrently. On appeal, he raises two issues. We reverse the sentence and remand for resentencing.

FACTS

[¶ 2.] In July of 1998, sixteen-year-old Vanden Hoek raped a female employee of the "Readers...

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