STATE OF SOUTH DAKOTA v. ALTON RAY BEAR (2024)

ORDER DIRECTING ISSUANCE OF JUDGMENT OF AFFIRMANCE

The Court considered all of the briefs filed in the above-entitled matter, together with the appeal record, and concluded pursuant to SDCL 15-26A-87.1(A), that it is manifest on the face of the briefs and the record that the appeal is without merit on the ground that the issues on appeal are clearly controlled by settled South Dakota law or federal law binding upon the states (SDCL 15-26A-87.1(A)(1)), now, therefore, it is

ORDERED that a judgment affirming the Judgment of the circuit court be entered forthwith.

The Court declines to consider the merits of Appellant's ineffective assistance of counsel claim(s) because the record on direct appeal does not afford an adequate basis to review performance of trial counsel. [(See State v. Vortherms, 2020 S.D. 67, ¶ 30, 952 N.W.2d 113, 120).]

BY THE COURT:

ATTEST:

Appeal No. 30264

IN THE SUPREME COURT

June 10, 2024

STATE OF SOUTH DAKOTA

Present: Chief Justice Steven R. Jensen and Justices Janine M. Kern, Mark E. Salter, Patricia J. DeVaney and Scott P. Myren.

STATE OF SOUTH DAKOTA, Plaintiff and Appellee,

vs.

ALTON RAY BEAR, Defendant and Appellant.

JUDGMENT

This Cause coming on to be heard pursuant to the provisions of SDCL 15.-26A-87.1(A), and the Court having advised thereon and filed its order directing issuance of a judgment affirming the judgment of the circuit court, now, therefore,

IT IS CONSIDERED, ORDERED AND ADJUDGED that the Judgment of the Second Judicial Circuit Court, within and for Minnehaha County, appealed from herein, be and the same is hereby affirmed,

AND IT IS FURTHER ORDERED AND ADJUDGED that this cause be and it is hereby remanded to said Circuit Court for further proceedings according to law and the decision of this Court.

AND IT IS FURTHER ORDERED AND ADJUDGED that no costs be taxed.

BY THE COURT:

Steven R. Jensen, Chief Justice

ATTEST:

Clerk of the Supreme Court (SEAL)

Steven R, Jensen, Chief Justice