State v. Myers

South Dakota Supreme Court

Decided April 4, 1984

South Dakota Supreme Court · decided 1984-04-04

Cited by 2 later decisions — most recently February 2012

2 state decisions

Key passage — most relied on by later courts

“I do not agree, however, with the holding that the September 2, 1981, conviction could be used to enhance the penalty for a conviction resulting from an offense that occurred prior to the September 2, 1981, conviction. SDCL 32-23-4.1 speaks of convictions occurring prior to the date of the violation being charged, not to the date of the plea or conviction on the currently charged violation.”

quoted by 2 later decisions, including State v. Gehrke, State v. Willey

Applies SD 32 § 32-23-4.1

Good law ✅— No negative treatment on recordhow we know

Decided 1984-04-04

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WOLLMAN, Justice

¶1(concurring in part, dissenting in part).

¶2I agree that it is the date of the conviction that governs when applying the four (now five) year time limitation provided by SDCL 32-23-4.1. I also agree that there is no merit to appellant’s equal protection claim.

¶3I do not agree, however, with the holding that the September 2, 1981, conviction could be used to enhance the penalty for a conviction resulting from an offense that occurred prior to the September 2, 1981, conviction. SDCL 32-23-4.1 speaks of convictions occurring prior to the date of the violation being charged, not to the date of the plea or conviction on the currently charged violation.

¶4I am authorized to state that HENDERSON, Justice, joins in this concurrence in part, dissent in part.