State V. Simonsen
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Tristen Simonsen was convicted on two counts of solicitation of a minor, one count of sexual contact with a minor under the age of sixteen, and one count of rape in the fourth degree. The court did not specify during sentencing whether it intended to treat each charge as a separate transaction. After sentencing, the court signed four separate judgments of conviction and ordered each conviction to be served consecutively. Later the same day, the court held a hearing to clarify its intent, determining that each charge was the result of a separate transaction. Simonsen appealed, arguing that the court improperly enhanced his sentence after it had already commenced.
The Supreme Court of South Dakota disagreed, ruling that the circuit court's post-sentencing declaration to treat each charge as a separate transaction only affected Simonsen's future eligibility for parole, not his sentence. The court also rejected Simonsen's argument that his constitutional rights were violated by his absence from the post-sentencing hearing, noting that the hearing only impacted his parole eligibility. The Supreme Court affirmed the circuit court's decision.
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