STATE v. SEMRAD

No. 25658.

794 N.W.2d 760 (2011)

2011 S.D. 7

STATE of South Dakota, Plaintiff and Appellee, v. Scott R. SEMRAD, Defendant and Appellant.

Supreme Court of South Dakota.

Decided February 16, 2011.


Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, John M. Strohman , Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Matthew S. Theophilus of Austin, Hinderaker, Hopper, Strait & Benson, LLP, Watertown, South Dakota, Attorneys for defendant and appellant.


ZINTER, Justice.

[¶ 1.] After sentencing Scott R. Semrad to six years in the penitentiary, the circuit court incorrectly informed Semrad that he might be required to serve 35% of his sentence before he would be eligible for parole.1 After the Department of Corrections subsequently informed Semrad that he would have to serve 60% of his sentence, he petitioned for habeas corpus relief, which...

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