State v. Gehrke

WUEST, Justice.

This is the second appeal brought by Defendant John W. Gehrke from the sentence imposed upon his conviction of aggravated assault. Gehrke was initially sentenced to twenty-five years. He appealed, and we affirmed his conviction for aggravated assault, but reversed the sentence because the habitual offender statute had been improperly applied to enhance Gehrke’s sentence. State v. Gehrke, 474 N.W.2d 722 (S.D.1991). On remand, the trial court resentenced Gehrke to the maximum prison term for aggravated assault— fifteen years. Gehrke appeals alleging the sentence constitutes cruel…