State v. Outka

WILBUR, Justice.

[¶ 1.] Mark Outka appeals the magistrate court’s denial of his post-sentencing motion to withdraw his guilty plea.

FACTS AND PROCEDURAL HISTORY

[¶ 2.] Outka was charged by information with alternative counts of simple assault for an altercation involving his live-in girlfriend, Jillian Anderson. Although the caption of the information included the words “domestic abuse,” the rest of the information made no reference to domestic abuse. The only statute referenced in the information was SDCL 22-18-1, the simple assault statute.

[¶ 3.] The State and Outka, who was represented by…