State v. Ekern

[¶ 1.] Within six weeks of committing the DUI in Appeal #21600, Ekern committed another. Pursuant to a plea agreement, she pled guilty to third offense felony DUI. The trial court sentenced her to two years in the penitentiary and ordered that this sentence be served consecutively to that in Appeal # 21600. Yet again an attorney with the Pennington County Public Defender has appealed arguing that this sentence is grossly disproportionate. Nonsense.

[¶ 2.] For the reasons set forth in Appeal #21600, the judgment is affirmed.

[¶ 3.] MILLER, Chief Justice, SABERS, AMUNDSON, KONENKAMP, and…