State v. Herrlein

MILLER, Justice.

This is an appeal from a revocation of probation grounded on a conviction for a subsequent criminal offense. We affirm, holding that by virtue of a prima facie showing by State, defendant had the burden of establishing the claimed invalidity of the subsequent conviction.

FACTS

In November, 1986, defendant, represented by counsel, entered a guilty plea to third-degree burglary in Charles Mix County, South Dakota. He was represented by counsel at that time. The trial court (Judge Hertz) ordered a suspension of imposition of sentence and placed defendant on probation under various…