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STATE v. SHUMAKER

No. 25599.

792 N.W.2d 174 (2010)

2010 S.D. 95

STATE of South Dakota, Plaintiff and Appellee, v. Steven Lee SHUMAKER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 15, 2010.

Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, Frank Geaghan , Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Nicole J. Laughlin , Office of the Minnehaha County Public Defender, Sioux Falls, South Dakota, Attorney for defendant and appellant.

PER CURIAM.

[¶ 1.] Steven Shumaker appeals his conviction for fourth offense DUI. The issue is whether the trial court erred in sentencing Shumaker to five years in the state penitentiary, with two years conditionally suspended. Because the trial court accepted Shumaker's binding plea agreement, which called for a sentence no greater than three years, the court erred when it sentenced Shumaker.

Background

[¶ 2.] On June 18, 2009, Defendant...

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