In Re the Application of Thomas Ex Rel. Schmit

RATIONALE ONE

For the reasons expressed in my dissenting opinion in State v. Hotter, 340 N.W.2d 691, 694-95 (S.D.1983), and reiterated herein, I would reverse. I point out that the same sentencing judge in Hotter sentenced in this case. In Hotter, appellant was sentenced on May 4, 1982.

The circuit courts of South Dakota do not have the inherent power to suspend imposition or execution of sentences. State v. Marshall, 247 N.W.2d 484 (S.D.1976). It is a power conferred by Article V, § 5, of the South Dakota Constitution and is conferred “unless otherwise provided by law.” As stated in my dissent…