STATE v. OLVERA

Nos. 26304, 26306.

824 N.W.2d 112 (2012)

2012 S.D. 84

STATE of South Dakota, Plaintiff and Appellee, v. Tyler OLVERA, Defendant and Appellant. State of South Dakota, Plaintiff and Appellee, v. Tyler Muggins Olvera, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 5, 2012.


Attorney(s) appearing for the Case

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

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


GILBERTSON, Chief Justice.

[¶ 1.] Tyler Olvera appeals his sentences for DUI (fifth offense) and Distribution of a Controlled Substance. Olvera argues that the Office of the Attorney General breached the plea agreement when, at sentencing, it initially argued against concurrent sentences, but then, when made aware of the plea agreement, it withdrew its argument against concurrent sentences. Because Olvera did not contemporaneously object to the alleged violation...

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