State v. Oban

HENDERSON, Justice.

ACTION

This is an appeal from a circuit court order which revoked a gubernatorially commuted supervised suspended sentence and remitted Randall Kenneth Oban (appellant) to the South Dakota State Penitentiary to serve the remainder of a ten-year sentence.1 We reverse and remand to the Board of Pardons and Paroles with directions to conduct hearings consistent with the dictates of this ruling.

FACTS

On November 9, 1979, appellant pled guilty to a charge of second-degree burglary. SDCL 22-32-3. On November 29, 1979, appellant was sentenced to the Penitentiary for a term of…