The circuit judge revoked his suspended imposition of sentence on March 9, 1987.

Lewis admitted a probation violation on both charges on February 27, 1987. The county jail sentences on both charges were to run consecutively, however, the terms of probation were to run concurrently. On the third degree burglary charge, Lewis received a suspended imposition of sentence, was placed on probation for four years, and ordered to serve sixty days in the Pennington County Jail. On the aggravated assault charge, Lewis received a suspended imposition of sentence, was placed on probation for four years and ordered to serve six months in the Pennington County Jail.

On September 27, 1985, Lewis was sentenced on charges of aggravated assault and third degree burglary in Pennington County. Lewis (Lewis) contends that the South Dakota Board of Pardons and Paroles refusal to give him credit for the sixteen months that he was serving in the Colorado State Penitentiary was a violation of the constitutional prohibition against ex post facto laws. This is an appeal from the circuit court's denial of writ of habeas corpus. Bennett, Assistant Attorney General, Pierre, SDĬonsidered on Briefs Opinion Filed Jun 4, 1997 Albright, Office of Public Defender, Rapid City, SD Warden of the South Dakota State Penitentiary,Īppeal from the Seventh Judicial Circuit, Pennington County, SDĮdward G. Formatting provided courtesy of State Bar of South DakotaĪnd South Dakota Continuing Legal Education, Inc.

Suspended imposition south dakota