STATE v. ALVAREZ

#29884.

982 N.W.2d 12 (2022)

2022 S.D. 66

STATE of South Dakota, Plaintiff and Appellee, v. Roberto Carlos ALVAREZ, Defendant and Appellant.

Supreme Court of South Dakota.

OPINION FILED November 2, 2022.


Attorney(s) appearing for the Case

TIMOTHY J. CUMMINGS of Green Roby Oviatt, LLP, Watertown, South Dakota, Attorneys for defendant and appellant.

MARK VARGO , Attorney General, STEPHEN G. GEMAR , Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.


[¶1.] Roberto Alvarez pled guilty to one count of first-degree rape in violation of SDCL 22-22-1(1), which punishes sexual penetration of a victim less than thirteen years of age. After a change of plea hearing but prior to sentencing, Alvarez filed a letter with the circuit court asking to withdraw his guilty plea and requesting...

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