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ROWLEY v. BD. OF PARDONS AND PAROLES

No. 26418.

826 N.W.2d 360 (2013)

2013 S.D. 6

Lloyd ROWLEY, Appellant, v. SOUTH DAKOTA BOARD OF PARDONS AND PAROLES, Appellee.

Supreme Court of South Dakota.

Decided January 16, 2013.

Attorney(s) appearing for the Case

Steven K. Rabuck of Nichols & Rabuck, PC, Sioux Falls, South Dakota, Attorneys for appellant.

Marty J. Jackley , Attorney General, Pierre, South Dakota, Patrick T. Pardy , Special Assistant Attorney General, Department of Corrections, Sioux Falls, South Dakota, Attorneys for appellee.

GILBERTSON, Chief Justice.

[¶ 1.] Lloyd Rowley appeals his initial parole date determined by the Department of Corrections (the DOC) pursuant to SDCL 24-15A-32. The Board of Pardons and Paroles (the Board) and the circuit court affirmed. We reverse and remand to the Board with instructions to calculate Rowley's initial parole date in conformity with this opinion.

FACTS

[¶ 2.] On October 12, 2007, Rowley pleaded guilty to one count of first...

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