State v. Joyce

[¶ 1.] Joseph Joyce pled guilty to failure to provide information, a Class 6 felony. SDCL 32-34-5. He was sentenced to eighteen months in the penitentiary and ordered to pay $13,532.18 in restitution. We reverse.

FACTS

[¶2.] On November 29, 2002 at 10:27 a.m. the car driven by Patricia Christo-pherson was stopped waiting to make a left hand turn when her car was rear-ended. The driver of the other car fled. Police were dispatched for a hit and run.

[¶ 3.] Joseph Joyce was detained. He told the officer that he did not have a driver’s license, was on probation, and ran because he was scared. He…