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STATE v. AINSWORTH

No. 27593.

879 N.W.2d 762 (2016)

2016 S.D. 40

STATE of South Dakota, Plaintiff and Appellee, v. Jay Alan AINSWORTH, Defendant and Appellant.

Supreme Court of South Dakota.

Decided May 11, 2016.

Attorney(s) appearing for the Case

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

Timothy J. Barnaud , Spearfish, South Dakota, Attorney for defendant and appellant.

[¶ 1.] Jay Ainsworth appeals his sentence for simple assault. He contends that the sentencing court erred by failing to grant him credit for time served. He also asserts that his two-year sentence violates the Eighth Amendment to the United States Constitution. We remand for correction of the sentence.

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