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STATE v. MARSHEK

No. 24739.

765 N.W.2d 743 (2009)

2009 SD 32

STATE of South Dakota, Plaintiff and Appellee, v. Scott A. MARSHEK, Defendant and Appellant.

Supreme Court of South Dakota.

Decided May 6, 2009.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Steven R. Blair, Assistant Attorney General, Pierre, for plaintiff and appellee.

Arnold D. Laubach, Jr., Pennington County Public Defender's Office, Rapid City, for defendant and appellant.

PER CURIAM.

ACTION

[¶ 1.] Scott A. Marshek pleaded guilty to one count of Third Degree Burglary. At the initial sentencing hearing, the circuit court requested that Marshek verify a factual claim he had made. The circuit court explained to the parties that it would follow the sentence recommendation of the State if the factual claim was true, but would impose a longer sentence if Marshek was lying. Verification required that the sentencing hearing be...

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