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STATE v. BERGET

No. 26318.

826 N.W.2d 1 (2013)

2013 S.D. 1

STATE of South Dakota, Plaintiff and Appellee, v. Rodney Scott BERGET, Defendant and Appellant.

Supreme Court of South Dakota.

Decided January 2, 2013.

Rehearing Denied February 12, 2013.

Attorney(s) appearing for the Case

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

Jeff Larson and Cassandra McKeown , Sioux Falls, South Dakota, and Cheri Scharffenberg of Olson, Waltner & Scharffenberg, LLP, Tea, South Dakota, Attorneys for defendant and appellant.

GILBERTSON, Chief Justice.

[¶ 1.] Rodney Berget pleaded guilty to the first-degree murder of Ronald Johnson. Berget waived his right to a jury determination of the appropriate sentence. After a pre-sentence hearing, the circuit court sentenced Berget to death. He appeals the imposition of the death penalty. Pursuant to statute, this Court consolidates those issues raised by Berget with the statutory determinations required by SDCL 23A-27A-12. See SDCL...

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