STATE OF SOUTH DAKOTA v. JUSTIN JOHANSEN (2024)

ORDER DIRECTING JUDGMENT OF AFFIRMANCE

The Court considered, all of the briefs filed in the above-entitled consolidated matter together with the appellate records and concluded pursuant to SDCL 15-26A-87.1(A) (4) that good cause good cause exists for summary affirmance. Now, therefore, it is

ORDERED, as to #30096, that the Court lacks jurisdiction to consider the Appellant's challenges to the underlying 2019 perjury conviction. The Court does have jurisdiction pursuant to SDCL 15-26A-3(4) to consider issues related to the circuit court's final order disposing of the probation revocation proceeding, as determined in State v. Dietz, 2024 S.D 70. However, the Appellant's arguments relating to the lawfulness of his probation lack merit, and the circuit court's decision to deny the Appellant's request to withdraw his admission to violating the terms of his probation is affirmed.

IT IS FURTHER ORDERED, as to #30097 and #30098, that the circuit court did not abuse its discretion when it denied the Appellant's motion to withdraw his previous pleas, and those decisions are affirmed.

DATED at Pierre, South Dakota, this 26th day of November, 2024.

BY THE COURT:

ATTEST:

Steven R. Jensen, Chief Judge