Roden v. Solem

HENDERSON, Justice.

Francis Roden appeals from an order of the trial court denying his petition for ha-beas corpus relief. We affirm.

PROCEDURAL BACKGROUND

Roden was convicted of second degree rape and sentenced to eight years in the South Dakota State Penitentiary. Pursuant to SDCL 24-15-5, the Board of Pardons and Paroles classified Roden as a third-time offender and ruled that he would not be eligible for parole until he had served three-fourths of his eight year sentence. SDCL 24-15-5 states:

A person is eligible for parole, subject to § 24-15-4:(1) If convicted of a felony for the first…