State v. Medicine Eagle

SALTER, Circuit Court Judge

(concurring in part and concurring in result in part).

[¶ 51.] I join the Chief Justice’s opinion on Issues 1 and 2, and I agree that the error presented in Issue 3 requires this Court to vacate Medicine Eagle’s sentences and remand for resentencing. However, I do not agree that the trial court’s imposition of the sentences here implicates its jurisdiction, and I write separately to respectfully add my views.

[¶ 52.] Since the indictment in this case alleged offenses cognizable under South Dakota law, the trial court obtained the limit of its subject matter…