(DOWNLOAD) "State South Dakota v. Burton Lohnes" by Supreme Court of South Dakota * Book PDF Kindle ePub Free
eBook details
- Title: State South Dakota v. Burton Lohnes
- Author : Supreme Court of South Dakota
- Release Date : January 29, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
WOLLMAN, Justice. In State v. Lohnes, 324 N.W.2d 409 (S.D. 1982), we reversed defendant's conviction for second-degree murder arising from the November 13, 1980, shooting of a Rapid City businessman. Pursuant to a plea agreement, the State subsequently charged defendant with first degree manslaughter rather than second degree murder. Defendant pleaded guilty and was sentenced to 347 years in the state penitentiary. Defendant appeals from the judgment of conviction, contending that the trial court erred in denying his motion to withdraw his plea of guilty. We reverse and remand. At the February 14, 1983, arraignment, the trial court followed the mandates of Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969), and informed defendant of his constitutional privilege against self-incrimination, his right to confront his accusers, and his right to a jury trial, as well as of the nature and consequences of the guilty plea. Defendant's attorney then stated the terms of the plea agreement that had been reached with the State, which provided that defendant would be charged with first degree manslaughter rather than with second degree murder and that the appropriate Disposition would be a sentence of a term of years and not life imprisonment if defendant pleaded guilty to the manslaughter charge. After making some preliminary inquiries of defendant regarding defendant's understanding of the plea agreement, the trial court engaged in the following colloquy with defendant:
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