Opinion
No. 21601
Considered on Briefs February 13, 2001.
Opinion Filed February 26, 2001.
Appeal from the Seventh Judicial Circuit, Pennington County, SD Hon. Janine Kern, Judge, #21601 — Affirmed
Mark Barnett, Attorney General, Jason A. Glodt, Assistant Attorney General, Pierre, SD, Attorneys for Plaintiff and Appellee.
Kelly D. Frazier, Pennington County Public Defender's Office, Rapid City, SD, Attorneys for Defendant and Appellant.
[¶ 1] Within six weeks of committing the DUI in Appeal #21600, Ekern committed another. Pursuant to a plea agreement, she pled guilty to third offense felony DUI. The trial court sentenced her to two years in the penitentiary and ordered that this sentence be served consecutively to that in Appeal #21600. Yet again an attorney with the Pennington County Public Defender has appealed arguing that this sentence is grossly disproportionate. Nonsense.
[¶ 2] For the reasons set forth in Appeal #21600, the judgment is affirmed.
[¶ 3] MILLER, Chief Justice, SABERS, AMUNDSON, KONENKAMP, and GILBERTSON, Justices, participating.