Merrill v. State

WOLLMAN, Justice.

Petitioner 1 appeals from the order denying his petition for post-conviction relief brought under the provisions of SDCL 23-52. Petitioner pleaded guilty to a charge of third degree burglary on March 9, 1970, and was sentenced to four years’ imprisonment on April 9, 1970.

The only substantial question is whether petitioner’s guilty plea must be vacated because the sentencing court failed to specifically advise petitioner of his constitutional right against self-incrimination.

Defendant was represented by a court-appointed attorney at the arraignment. After being told by the…