State v. Poor Thunder

Appellant Marley Poor Thunder pleaded guilty to attempted rape and, on May 14, 1980, was sentenced to serve not less than five nor more than eight years in the South Dakota penitentiary. According to the judgment, the exact term of the sentence was “to be determined by the South Dakota Board of Pardons and Paroles in accordance with the laws of South Dakota pertaining thereto.”

The sole issue on appeal is whether the trial court has the authority to impose an indeterminate sentence. We hold that it does not and remand for resentencing.

The offense appellant was charged with occurred on February…