State v. Lee

[¶ 1] Brian Ray Lee pled guilty to sexual contact with a minor under sixteen years. As part of the plea agreement, the State recommended a suspended sentence. After advising him it was not bound by this recommendation, the court imposed a penitentiary sentence. Was defendant entitled to withdraw his plea when the court disregarded the recommendation? We answer no and affirm the sentence because there was no binding disposition pursuant to SDCL 23A-7-8(3).

FACTS

[¶ 2] Lee was charged with knowingly engaging in sexual contact with his six-year-old niece. He initially pled not guilty, but later…