Tibbetts v. State

WOLLMAN, Justice.

This is an appeal from a circuit court judgment denying petitioner habeas corpus relief. We hold that petitioner was not entitled to seek relief by way of habeas corpus.

Following his plea of guilty in May of 1977, petitioner was sentenced to serve concurrent sentences of five and eight years in the South Dakota State Penitentiary. In November of 1981, an officer of the penitentiary filed a rule infraction report alleging that petitioner had possessed marijuana in violation of an institutional rule. Petitioner subsequently pleaded guilty to the rule infraction before the…