State v. Pack

MILLER, Chief Justice.

Larry H. Pack pled guilty to two counts of rape, SDCL 22-22-1(5), a Class 3 felony with a maximum punishment of fifteen years’ imprisonment and a $15,000 fine. The court ordered that Pack serve two consecutive fifteen-year terms, that upon release or parole he attend a sexual offender program and receive substance abuse counseling and that, upon his release from the program, a mental health counselor would determine whether he would be allowed to have contact with minor children.

On appeal, Pack claims his sentence is excessive and violates the Eighth Amendment to the…