State v. Flying Horse

HENDERSON, Justice.

PROCEDURAL HISTORY/ISSUES

This appeal is taken from a Final Judgment of Conviction and Sentence dated May 5, 1989, wherein Appellant Herbert Flying Horse (Flying Horse) was sentenced to imprisonment in the South Dakota State Penitentiary for five (5) years. Also appealed are the Findings of Fact and Conclusions of Law and Order Waiving Juvenile Jurisdiction and Transferring to Adult Court dated May 7, 1987. On appeal, Flying Horse argues that:(1) The trial court erred in ordering a suspended imposition of sentence and thereafter retaining jurisdiction via recom-mitment to…