In Re the Revocation of the Suspended Sentence of Brown

LOVRIEN, Circuit Judge.

[¶ 1.] The Board of Pardons and Paroles, (Board), appeals from a circuit court order reversing its decision to revoke the suspended portion of a sentence. We reverse the circuit court’s decision and direct that it be remanded to the Board for further proceedings.

FACTS

[¶ 2.] Bobby Wayne Brown, (Brown), was found guilty of having sexual contact with a child under sixteen years of age. He was sentenced to ten years in the South Dakota State Penitentiary, with four years suspended on certain conditions. One of those conditions required that Brown “participate in all sex…