State v. Waldner

HENDERSON, Justice.

ACTION

This is an appeal by Thomas P. Waldner (Waldner), defendant-appellant herein, from an amended order which revoked his suspended sentence and reimposed a nine-year penitentiary term. For the reasons expressed below, we hold that the circuit court was without jurisdiction to suspend Waldner’s sentence; that the suspension order is void; and that the original nine-year sentence be enforced.

FACTS

On October 27, 1981, Waldner was convicted of third offense DWI. See SDCL 32-23-1 and SDCL 32-23-4. Under the latter statute, a person convicted of a third or subsequent DWI…