STATE v. SMITH

No. 26811.

844 N.W.2d 626 (2014)

2014 S.D. 15

STATE of South Dakota, Plaintiff and Appellee, v. Mark SMITH, Defendant and Appellant.

Supreme Court of South Dakota.

Decided March 12, 2014.


Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, Ellie J. Bailey , Assistant Attorney General, Pierre, SD, for plaintiff and appellee.

Todd A. Love , Bettmann Hogue Law Firm, Prof. LLC, Rapid City, SD, for defendant and appellant.


GILBERTSON, Chief Justice.

[¶ 1.] In this appeal, Defendant Mark Smith challenges the validity of a Part II Information filed against him that alleged Smith had previously been convicted of two DUI offenses. He claims the predicate convictions were invalid due to the courts' lack of subject matter jurisdiction. Smith also appeals the circuit court's denial of his request for a suspended imposition of sentence, claiming that the statute relied on by the court...

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