Vanden Hoek v. Weber

SABERS, Justice.

[¶ 1.] Ryan Lee Vanden Hoek (Vanden Hoek) pleaded guilty to one count of kidnapping and one count of rape. He received 90 years for the kidnapping charge with 30 years suspended and 25 years for the rape charge, to be served concurrently. On appeal, he raises two issues. We reverse the sentence and remand for resen-tencing.

FACTS

[¶ 2.] In July of 1998, sixteen-year-old Vanden Hoek raped a female employee of the “Readers Den” in Mitchell, South Dakota. He used a knife to force the young woman into a back room of the store where he compelled her to commit various sexual acts.…