State v. Hirning

GILBERTSON, Chief Justice.

[¶ 1.] Milo Hirning pleaded guilty to unauthorized possession of a controlled substance and admitted to being a habitual offender. On appeal, he argues his waiver of counsel was not voluntary, knowing, and intelligent. We reverse and remand.

FACTS

[¶ 2.] In January 2010, Hirning was on parole, living in his home in Aberdeen, South Dakota. Police were looking for an absconder, Jesse Madsen, and located Jesse’s father’s vehicle in Hirning’s driveway. Believing Jesse was also in Hirning’s house, police and a parole agent entered Hirning’s home. They found Hirning, Jesse,…