State v. Ekern

State of South Dakota
Plaintiff and Appellee
v.
Nelda Ekern
Defendant and Appellant

[2001 SD 21]

South Dakota Supreme Court
Appeal from the Circuit Court of
The Seventh Judicial Circuit
Pennington County, South Dakota
Hon. Janine M. Kern, Judge

Mark Barnett, Attorney General
Jason A. Glodt, Assistant Attorney General
Pierre, South Dakota

Attorneys for plaintiff and appellee

Kelly D. Frazier
Pennington County Public Defender's Office
Rapid City, South Dakota

Attorneys for defendant and appellant

Considered on Briefs February 13, 2001

Opinion Filed 2/26/2001

#21601 

[¶1.] Within six weeks of committing the DUI in Appeal #21600, Ekern committed another.  Pursuant to a plea agreement, she pled guilty to third offense felony DUI.  The trial court sentenced her to two years in the penitentiary and ordered that this sentence be served consecutively to that in Appeal #21600.  Yet again an attorney with the Pennington County Public Defender has appealed arguing that this sentence is grossly disproportionate.  Nonsense. 

[¶2.] For the reasons set forth in Appeal #21600, the judgment is affirmed.

[¶3.] MILLER, Chief Justice, SABERS, AMUNDSON, KONENKAMP, and GILBERTSON, Justices, participating.