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STATE v. ROBERT

No. 26213.

820 N.W.2d 136 (2012)

2012 S.D. 60

STATE of South Dakota, Plaintiff, v. Eric Donald ROBERT, Defendant.

Supreme Court of South Dakota.

Decided August 15, 2012.

Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, Paul S. Swedlund , Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff.

Mark Kadi , Minnehaha County Public Advocates, Sioux Falls, South Dakota, Attorneys for defendant.

Randal E. Connelly , Rapid City, South Dakota, Amicus Curiae.

GILBERTSON, Chief Justice.

[¶ 1.] Eric Robert pleaded guilty to first-degree murder for the death of penitentiary guard Ronald Johnson, a 23-year veteran correctional officer at the South Dakota State Penitentiary in Sioux Falls. Robert waived his right to a jury's determination of whether the death sentence would be imposed. The circuit court conducted a pre-sentence hearing and imposed the death penalty. Subsequent...

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