Legal Opinion

State v. Litschewski

South Dakota Supreme Court

Decided December 21, 2011No. 25876PublishedCited by 4 opinions

1Opinion of the Court

SEVERSON, Justice.

[¶ 1.] Richard Litschewski appeals the circuit court’s denial of his motion to vacate or modify an illegal sentence. He argues that his sentence was illegal because the circuit court imposed consecutive sentences in an order that was inconsistent with the chronological order in which his crimes occurred. We reverse the circuit court’s denial of Litschewski’s motion to modify an illegal sentence and remand for further proceedings.

Facts and Procedural Background

[¶2.] In 1997, a jury convicted Lit-schewski of three separate offenses. On Count II, he was convicted of…

2Cases cited15 opinions

  1. State v. PerovichSouth Dakota Supreme Court · 2001
  2. State v. SwallowSouth Dakota Supreme Court · 1987
  3. State v. SielerSouth Dakota Supreme Court · 1996
  4. State v. ChristiansSouth Dakota Supreme Court · 1986
  5. Rotenberger v. BurghduffSouth Dakota Supreme Court · 2007

10 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. AEG Processing Center No. 58, Inc. v. South Dakota Department of RevenueSouth Dakota Supreme Court · 2013
  2. State v. WilsonSouth Dakota Supreme Court · 2020
  3. State v. KaufmanSouth Dakota Supreme Court · 2016
  4. Litschewski v. DooleyDistrict Court, D. South Dakota · 2014

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