Legal Opinion

State v. Olvera

South Dakota Supreme Court

Decided December 5, 2012No. 26304, 26306PublishedCited by 6 opinions

1Opinion of the Court

GILBERTSON, Chief Justice.

[¶ 1.] Tyler Olvera appeals his sentences for DUI (fifth offense) and Distribution of a Controlled Substance. Olvera argues that the Office of the Attorney General breached the plea agreement when, at sentencing, it initially argued against concurrent sentences, but then, when made aware of the plea agreement, it withdrew its argument against concurrent sentences. Because Olvera did not contemporaneously object to the alleged violation of the plea agreement, and does not establish that the alleged error caused him prejudice, the sentences are affirmed.

FACTS

[¶ 2.]…

2Cases cited8 opinions

  1. United States v. OlanoSupreme Court of the United States · 1993
  2. Puckett v. United StatesSupreme Court of the United States · 2009
  3. State of Iowa v. Richard Warren FannonSupreme Court of Iowa · 2011
  4. Vanden Hoek v. WeberSouth Dakota Supreme Court · 2006
  5. State v. WaldnerSouth Dakota Supreme Court · 2005

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

3Cited by6 opinions

  1. State v. BrendeSouth Dakota Supreme Court · 2013
  2. State v. GuziakSouth Dakota Supreme Court · 2021
  3. State v. JanisSouth Dakota Supreme Court · 2016
  4. State v. JanisSouth Dakota Supreme Court · 2016
  5. State v. Medicine EagleSouth Dakota Supreme Court · 2013

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

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