Cases Disposed

JUNE 29 – JULY 5, 2018

Barker, Rodney, Vermillion; Speeding On Other Roadways; Fine: $19 Plus Costs.

Grove, Emily, Vermillion; Speeding On Other Roadways; Fine: $39 Plus Costs.

Browne, Brett, Vermillion; Pet Violations - Animal At Large Dog/Cat; Fine: $50 Plus Costs.

Pine, Nicole, Vermillion; Speed On Four-Lane In Rural Areas; Fine: $19 Plus Costs. Seat Belt Violation; Fine: $25.

Mcdowell, Patrick, Council Bluffs, Iowa; Speeding On A State Highway; Fine: $59 Plus Costs.

Martin, Daniel, Onawa, Iowa; No Drivers License; Fine: $54 Plus Costs.

Smith, William, Omaha, Nebraska; Speed On Four-Lane In Rural Areas; Fine: $59 Plus Costs.

Mogck, Madison, Sioux Falls; Speeding On A State Highway; Fine: $19 Plus Costs.

Jensen, Daneila, Gayville; Speeding On Other Roadways; Fine: $19 Plus Costs.

Crim, Alexandria, Vermillion; Seat Belt Violation; Fine: $25.

Hochstein, Mandy, Hartington, Nebraska; Speeding On Other Roadways; Fine: $59 Plus Costs.

Goblirsch, Parker, Vermillion; Speeding On Other Roadways; Fine: $19 Plus Costs.

Wood, Gracie, Burbank; Unauthorized Use Of Vehicle By Restricted Licensee; Fine: $54 Plus Costs.

Hacecky, Brett, Yankton; Speeding On A State Highway; Fine: $39 Plus Costs.

Walker, Lanny, Vermillion; Municipal Speeding; Fine: $19 Plus Costs.

JUDGEMENT OF CONVICTION

13CRI16-000503

On or about the 1st day of February, 2018, an Information was filed in this Court charging Nicholas Allen Dinger with the crime of Petty Theft – 1st Degree – more $400 (22-30a-17.2).

On the 13th day of March, 2018, the Defendant was arraigned on said Information. The Defendant pled guilty of Petty Theft – 1st Degree – more $400 (22-30a-17.2).

The Judgment of the court that the Defendant is guilty of Petty Theft – 1st Degree – more $400 (22-30a-17.2).On or about the 10th day of April, 2018, the Court pronounced the following sentence based on the following charge(s): Petty Theft – 1st Degree – more $400 22-30a-17.2 M1 on November 1st, 2016.

• Defendant shall be imprisoned in the Clay County Jail beginning June 5th, 2018 for 180 day(s); Suspended 150 day(s) and is eligible for Work Release;

• Jail time is suspended based on certain terms and conditions;

• Defendant shall pay Restitution of $2,966.18; Court Costs of $84.00; and Costs of Prosecution of $79.63.

JUDGEMENT OF CONVICTION

13CRI: 17-342

On or about the 24th day of August, 2017, an Indictment was filed in this Court charging Laura A. Haas with Count 1: Unauthorized Ingestion of Schedule I or II Controlled Substance, to-wit: Methamphetamine contrary to SDCL §22-42-5.1 & §34-20B-16(6)(F5); Count 2a: Driving While under the Influence contrary to SDCL §32-23-1(2) (5th Offense) (F4), or, in the alternative, Count 2b: Driving While Under the Influence contrary to SDCL §32-23-1(5) (5th Offense) (F4). The offense occurred on or about the 20th day of August, 2017, in Clay County, South Dakota. A Part II Information for Multiple Offender was filed on the 6th day of September, 2017. A Part II Information for Habitual Offender was filed on the 6th day of September, 2017.

On the 28th day of September, 2017, the Defendant was arraigned on said Indictment; Part II Information for Multiple Offender and Part II Habitual Information. The Defendant appeared in person. The Defendant pled not guilty to Count 1: Unauthorized Ingestion of Schedule I or II Controlled Substance, to-wit: Methamphetamine contrary to SDCL §22-42-5.1 & §34-20B-16(6)(F5); Count 2a: Driving While under the Influence contrary to SDCL §32-23-1(2) (5th Offense) (F4), or, in the alternative, Count 2b: Driving While Under the Influence contrary to SDCL §32-23-1(5) (5th Offense) (F4).

On the 18th day of January, 2018, in front of the Honorable Cheryle Gering, the Defendant appeared in person. The Defendant pled guilty to Count 1: Unauthorized Ingestion of Schedule I or II Controlled Substance, to-wit: Methamphetamine contrary to SDCL §22-42-5.1 & §34-20B-16(6)(F5) and Count 2b: Driving While Under the Influence contrary to SDCL §32-23-1(5) and admitted to the Part II Information for Multiple Offender making this offense a fifth offense contrary to SDCL §32-23-4.7 and a class 4 felony. The state dismissed Count 2a: Driving While under the Influence contrary to SDCL §32-23-1(2) and the Part II Information for Habitual Offender. The Defendant waived her right to a jury trial, her right to confrontation, and her right against self-incrimination. An updated Presentence Investigation was ordered in this matter.

On the 2nd day of March, 2018, in front of the Honorable Cheryle Gering, the Defendant appeared in person. The Defendant pled guilty to Count 1: Unauthorized Ingestion of Schedule I or II Controlled Substance, to-wit: Methamphetamine contrary to SDCL §22-42-5.1 & §34-20B-16(6)(F5) ; and Count 2b: Driving While Under the Influence contrary to SDCL §32-23-1(5) (5th Offense) (F4), as charged in the Indictment and the Part II Information for Multiple Offender.

The Judgment of the court that the Defendant is guilty of Count 1: Unauthorized Ingestion of Schedule I or II Controlled Substance, to-wit: Methamphetamine contrary to SDCL §22-42-5.1 & §34-20B-16(6)(F5) ; and Count 2b: Driving While Under the Influence contrary to SDCL §32-23-1(5) and SDCL §32-23-4.7 (5th Offense) (F4).

On the 2nd day of March, 2018, before the Honorable Cheryle Gering, the Defendant appeared in person. The Court pronounced the following sentence:

As to Count 1: Count 1: Unauthorized Ingestion of Schedule I or II Controlled Substance, to-wit: Methamphetamine contrary to SDCL §22-42-5.1 & §34-20B-16(6)(F5):

• Defendant be imprisoned in the South Dakota State Penitentiary for a term of five (5) year(s), there to be kept, fed and clothed according to the rules and discipline governing said institution;

• Defendant shall receive 99 days credit already served in the Clay County jail;

• Defendant shall pay court costs of $104.00; and UA fees of $45.00;

• The five (5) years in the South Dakota State Penitentiary shall be suspended pursuant to SDCL §23A-27-18, upon terms and conditions.

As to Count 2b: Driving While Under the Influence contrary to SDCL §32-23-1(5) (5th Offense) (F4):

• Defendant be imprisoned in the South Dakota State Penitentiary for a term of ten (10) year(s), there to be kept, fed and clothed according to the rules and discipline governing said institution;

• Defendant shall receive credit for 99 days jail;

• Defendant shall pay a fine of $1,500.00; court costs of $104.00; County DUI fee of $50.00; and transcript fees in the amount of $60.10;

• Defendant’s driver’s license shall be revoked for a period of three (3) years, beginning March 2, 2018. Once all other suspensions/revocations in place have been concluded and Defendant completes New Start treatment, Defendant will be eligible for a work permit;

• Defendant shall pay her Court-appointed attorney’s fees directly to the Clay County Auditor, 211 W. Main Street, Vermillion, South Dakota 57069;

• Ten (10) years in the penitentiary shall be suspended pursuant to SDCL §23A-27-18 upon terms and conditions.

• The sentence in Count 1 of this judgment shall run concurrent with the sentence in Count 2b in this judgment.

The sentence in this case shall run concurrent with Defendant’s sentences in: 49CRI14-006618; 66CRI14-000065; and 66C120000466A0.

JUDGMENT OF CONVICTION

13CRI: 17-393

On or about the 20th day of October, 2017, an Indictment was filed in this Court charging Christopher D. Baker with Count 1a: Driving While Under the Influence contrary to SDCL §32-23-1(1) (3rd Offense), or, in the alternative Count 1b: Driving While Under the Influence contrary to SDCL §32-23-1(2) (3rd Offense)(F6); Count 2: Driving without a Valid License contrary to SDCL §32-12-22; and Count 3: Speeding contrary to SDCL §32-25-7. The offense occurred on or about the 23rd day of September, 2017, in Clay County, South Dakota. A Part II Information for Multiple Offender was filed on or about the 5th day of October, 2017.

On the 7th day of December, 2017, the Defendant was arraigned on said Indictment and Information for Enhancement of Simple Assault. The Defendant pled not guilty to Count 1: Simple Assault – Domestic SDCL §22-18-1(5) (M1)(Third or Subsequent Offense) (F6) and the Part II Information for Multiple Offender. The Defendant pled not guilty to Count 1a: Driving While Under the Influence contrary to SDCL §32-23-1(1) (3rd Offense), or, in the alternative Count 1b: Driving While Under the Influence contrary to SDCL §32-23-1(2) (3rd Offense)(F6); Count 2: Driving without a Valid License contrary to SDCL §32-12-22; and Count 3: Speeding contrary to SDCL §32-25-7.

On the 1st day of February, 2018 the Defendant appeared in person. The Defendant pled guilty to Count 1a: Driving While Under the Influence contrary to SDCL §32-23-1(1) and admitted to the Part II Information for Multiple Offender making this a Driving Under the Influence (3rd Offense) a Class 6 Felony. The State dismissed Count 2 and Count 3 of the Indictment. The Defendant waived his right to a jury trial, his right to confrontation, and his right against self-incrimination. The Defendant waived his right to a 48-hour delay in sentencing.

On the 29th day of March, 2018, at a sentence hearing before the Honorable Cheryle Gering, the Defendant appeared in person.

The Judgment of the court that the Defendant is guilty of Count 1a: Driving While Under the Influence contrary to SDCL §32-23-1(1) (3rd Offense)(F6).

On the 29th day of March, 2018, before the Honorable Cheryle Gering, the Defendant appeared in person. The Court pronounced the following sentence:

• Defendant be imprisoned in the South Dakota State Penitentiary for a term of two (2) year(s), there to be kept, fed and clothed according to the rules and discipline governing said institution;

• Defendant shall be imprisoned in the Clay County Jail for the term of 63 days, with credit for 3 days, the remaining 60 days shall be served as follows: 30 days to be served beginning on November 1, 2018 at 9:00 o’clock a.m.; and 30 days to be served beginning March 1, 2019, at 9:00 o’clock a.m. Defendant’s Court Services officer may recommend to the court that any of these jail terms be waived, but unless the court signs a written order waiving any of these jail terms, each of the jail terms shall be served by Defendant;

• Defendant shall pay court costs of $104.00; transcript fees of $58.96; and domestic violence fees of $25.00;

• Defendant is subject to the rules of the Clay County jail and shall be entitled to work release, release for education, or release for chemical dependency treatment or aftercare, with Defendant to pay all costs of these releases and Defendant is authorized to utilize electronic monitoring if available at the facility where he is serving his jail sentence.

• Defendant shall pay a fine of $750.00; court costs of $104.00; blood test costs of $85.00; transcription fees of $70.81 and county fees of $50.00;

• Defendant shall pay his Court-appointed attorney’s fees directly to the Clay County Auditor, 211 W. Main Street, Vermillion, SD 57069;

• Two (2) years in the penitentiary shall be suspended pursuant to SDCL §23A27-18 upon terms and conditions.

• Defendant’s driver’s license shall be revoked for one (1) year from March 29, 2018. A work permit is allowed with proof of completion of treatment, proof of insurance, and proof of enrollment in 24/7 monitoring (either PBT’s, SCRAM or interlock).

JUDGMENT OF CONVICTION

13CRI: 17-478

On or about the 31st day of January, 2018, an Amended Criminal Complaint and a Superceding Information were filed in this Court charging Haily Hagemeyer with Count 1: Unauthorized Ingestion of Schedule IV Controlled Substance, to-wit: Benzodiazepine contrary to SDCL §22-42-5.1 and SDCL §34-20B-25(11)(F6). The offense occurred on or about the 1st day of November, 2017, in Clay County, South Dakota.

On the 1st day of February, 2018, the Defendant was arraigned on said Superceding Information. The Defendant pled guilty to Count 1: Unauthorized Ingestion of Schedule IV Controlled Substance, to-wit: Benzodiazepine contrary to SDCL §22-42-5.1 and SDCL §34-20B-25(11)(F6). The Defendant waived her right to a jury trial, her right to confrontation, and her right against self-incrimination.

The Judgment of the court that the Defendant is guilty of Count 1: Unauthorized Ingestion of Schedule IV Controlled Substance, to-wit: Benzodiazepine contrary to SDCL §22-42-5.1 and SDCL §34-20B-25(11)(F6).

On the 15th day of February, 2018, before the Honorable Cheryle Gering, the Defendant appeared in person. The Court pronounced the following sentence:

• Defendant be imprisoned in the South Dakota State Penitentiary for a term of two (2) year, there to be kept, fed and clothed according to the rules and discipline governing said institution;

• Defendant shall pay a fine of $500.00; court costs of $104.00; UA fees of $45.00; and lab fees of $135.00;

• Defendant shall repay Clay County for all of her court appointed attorneys’ fees with payment going directly to the Clay County Auditor’s Office, 211 W. Main Street, Vermillion, SD;

• Defendant shall be imprisoned in the Clay County Jail for the term of 120 days, with credit for 30 days. 60 of the remaining days shall be served immediately, the balance of these days may be suspended following an updated evaluation and entry into a treatment program. The remaining 30 days to be served beginning December 1, 2018 at 9:00 o’clock a.m. Defendant’s Court Services officer may recommend to the court that the December 1, 2018 jail term be waived, but unless the court signs a written order waiving any of these jail terms, each of the jail terms shall be served by Defendant;

• Defendant shall be subject to the rules of the Clay County jail, Defendant shall be entitled to work release, release for education, or release for chemical dependency treatment or aftercare, with Defendant to pay all costs of these releases;

• Two (2) years shall be suspended pursuant to SDCL §23A-27-18 upon terms and conditions.

JUDGMENT OF CONVICTION

13CRI: 17-489

On or about the 22nd day of November, 2017, an Indictment was filed in this Court charging Shaun Jarvis St. John, Sr. with Count 1: Simple Assault – Domestic SDCL §22-18-1(5) (M1). The offense occurred on or about the 12th day of November, 2017, in Clay County, South Dakota. An Information for Enhancement of Simple Assault was filed with the court on the 30th day of November, 2017, enhancing Count 1: Simple Assault – Domestic SDCL §22-18-1(5) to a Class 6 Felony.

On the 30th day of November, 2017, the Defendant was arraigned on said Indictment and Information for Enhancement of Simple Assault. The Defendant pled not guilty to Count 1: Simple Assault – Domestic SDCL §22-18-1(5) (M1)(Third or Subsequent Offense) (F6) and the Information for Enhancement of Simple Assault.

On the 1st day of February, 2018 the Defendant appeared in person. The Defendant pled guilty to Count 1: Simple Assault – Domestic SDCL §22-18-1(5) (M1)(Third or Subsequent Offense) (F6) and the Information for Enhancement of Simple Assault. The Defendant waived his right to a jury trial, his right to confrontation, and his right against self-incrimination.

On the 15th day of March, 2018, at a sentence hearing before the Honorable Cheryle Gering, the Defendant appeared in person.

The Judgment of the court that the Defendant is guilty of Count 1: Simple Assault – Domestic SDCL §22-18-1(5), as well as the Part II Information for prior offenses making this a Third or Subsequent Offense (F6).

On the 15th day of March, 2018, before the Honorable Cheryle Gering, the Defendant appeared in person. The Court pronounced the following sentence:

• Defendant be imprisoned in the South Dakota State Penitentiary for a term of two (2) year(s), there to be kept, fed and clothed according to the rules and discipline governing said institution;

• Defendant shall pay court costs of $104.00; transcript fees of $58.96; and domestic violence fees of $25.00;

• Defendant shall repay Clay County for all of his court appointed attorney’s fees with payments going directly to the Clay County Auditor, 211 W. Main Street, Vermillion, SD 57069;

• Defendant shall be imprisoned in the Clay County Jail for the term of 57 days, with 7 days credit for time served. The remaining 40 days shall be served as follows: 20 days to be served beginning on November 1, 2018 at 9:00 o’clock a.m.; and 20 days to be served beginning January 1, 2019, at 9:00 o’clock a.m. Defendant’s Court Services officer may recommend to the court that any of these jail terms be waived, but unless the court signs a written order waiving any of these jail terms, each of the jail terms shall be served by Defendant;

• Defendant is subject to the rules of the Clay County jail and shall be entitled to work release, release for education, or release for chemical dependency treatment or aftercare, with Defendant to pay all costs of these releases.

• Two (2) years shall be suspended pursuant to SDCL §23A27-18 upon terms and conditions.

JUDGMENT OF CONVICTION

13 CRI: 17-418

On or about the 19th day of OCTOBER, 2017, an Indictment was filed in this Court charging MICHAEL J. PLENTYHORSE with Count 1: Rape in the Second Degree contrary to §22-22-1(2)(F1); Count 2 – Count 3: Simple Assault – Domestic contrary to SDCL §22-18-(5)(M1); and Count 4: Petty Theft in the First Degree contrary to SDCL §22-30A-1 & 17.2 (M1), occurring on or about the 8th day of OCTOBER, 2017, in Clay County, South Dakota. A Part II Information of Habitual Offender was filed with this Court on October 25, 2017.

On the 26th day of OCTOBER, 2017, the Defendant was arraigned on said Indictment and Part II Information for Habitual Offender. The Defendant pled not guilty to count 1: Rape in the Second Degree contrary to SDCL §22-22-1(2)(F1); Count 2 – Count 2: Simple Assault – Domestic contrary to SDCL §22-30A-1 & 17.2 (M1) and the Part II Information for habitual Offender.

On the 29th day of MARCH, 2018, Before the Honorable Cheryle Gering, the Defendant appeared in person. The Defendant waived his right to a jury trial and pled guilty to Count 1: Rape in the Second Degree contrary to SDCL §22-22-1(2)(F1). The State dismissed Count 2 – Count3: Simple Assault – Domestic contrary to SDCL §22-18-(5) (MI); and count 4: Petty Theft in the First Degree contrary to SDCL §22-30A-1 & 17.2 (MI). The Defendant waived his right to a jury trial, his right to confrontation. The Court

JUDGMENT of this Court that the Defendant is guilty of Count 1: Rape in the Second Degree contrary to SDCL §22-22 1(2)(F1).

On the 29th day of MARCH, 2018, before the Honorable Cheryle Gering, the Defendant appeared personally .Court thereupon pronounced the following sentence:

• Defendant be imprisoned in the South Dakota State Penitentiary for a term of twenty (20) years, there to be kept, fed and clothed according to the rules and discipline governing said institution. It is further.

• Defendant shall receive credit for 172 days in jail already served.

• Defendant shall pay court cost of $104.00; transcript fees of $70.81; and Psycho-sexual evaluation fees in the amount of $3,322.50, with payment going to the Clay County Clerk of Courts, 211 West Main Street, Vermillion South Dakota.

• Defendant shall repay Clay County for all of his court-appointed attorneys’ fees and expenses, with payment going to the Clay County Auditor, 211 West Main Street, Vermillion, South Dakota.

• Seven (7) years of the twenty (20) year penitentiary sentence shall be suspended pursuant to SDCL §23A-27-18 upon the following terms and conditions

• Defendant must register as a sex offender the rest of his life consistent with Sex Offender Registration laws of South Dakota or any other state in which Defendant before his release.

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