¶1(dissenting).
¶2As I read Governor Janklow’s commutation order, it merely reduced the length of time that defendant would be required to spend in the state penitentiary from ten years to five years and in no way affected the trial court’s order that defendant be under supervision for five years. Accordingly, under our holdings in State v. Martin, 368 N.W.2d 37 (S.D.1985); State v. Adams, 360 N.W.2d 519 (S.D.1985); In re Adams, 360 N.W.2d 513 (S.D.1985); and State v. Holter, 340 N.W.2d 691 (S.D.1983), the trial court acted within its jurisdiction in revoking the suspended portion of defendant’s sentence.
¶3I find it interesting that after discussing at length the distinction between probation, parole, and suspended sentences and recognizing the allocation of authority among the several branches of government regarding those discrete concepts, the majority opinion purports to direct the Board of Pardons and Paroles to conduct a revocation hearing in this case.
¶4I would affirm the order of revocation.