State v. Degen

WUEST, Chief Justice.

In this appeal the sole issue for consideration is whether the trial court abused its discretion when it sentenced Clifford Jon Degen (Degen). We conclude that there was no abuse of discretion and accordingly affirm the judgment.

Degen was charged with third-degree burglary, a Class 4 felony, SDCL 22-32-8, after law enforcement officers responding to a burglar alarm found him hiding in a warehouse. A jury convicted him of entering or surreptitiously remaining in any building or structure (misdemeanor), SDCL 22-35-5. A violation of SDCL 22-35-5 constitutes a Class 1…