 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Hinger7/21/1999
South Dakota Supreme Court Appeal from the Fourth Judicial Circuit, Davison County, SD Hon. Boyd L. McMurchie, Judge
Reversed
Considered on Briefs Jun 1, 1999; Opinion Filed Jul 21, 1999
[ ] Timothy Eldon Hinger (Hinger) was charged with first degree rape, SDCL 22-22-1(1) and sexual contact with a child under the age of sixteen. SDCL 22-22-7. After Hinger pled guilty to first degree rape, the state dismissed the sexual contact charge.
[ ] Under SDCL 22-22-1(1), first degree rape "is an act of sexual penetration accomplished with any person if the victim is less than ten years of age." It is a Class 1 felony, SDCL 22-22-1, with a mandatory minimum sentence of ten years for a first offense and twenty years for a subsequent offense. SDCL 22-22-1.2. The maximum penalty is life imprisonment and a fine of $25,000. SDCL 22-6-1(3).
[ ] Hinger was sentenced to life imprisonment and ordered to pay court costs as well as restitution for the victim's counseling and expenses involved to allow him to resume a normal life. Because he was sentenced to life imprisonment, Hinger is not eligible for parole. SDCL 24-15-4.
[ ] We reverse and remand for proceedings consistent with this opinion.
FACTS
[ ] Hinger is now twenty-eight years old. He comes from a family where drinking, arguing, and violence were commonplace. He was sexually abused by his grandfather and verbally and physically abused by his mother.
[ ] Hinger is hearing impaired and wears hearing aids in both ears. He has a speech impairment, curvature of the spine, and long-standing problems with hyperactivity, depression and anger. He has been a client (known for frequent "no shows") at Dakota Mental Health Center since 1990 and is on Prozac.
[ ] Hinger believes that he has a tenth grade education. He attended the South Dakota School for the Deaf, the Northern Hills Workshop, and the Black Hills Co-op program.
[ ] Since the age of seventeen, Hinger has been abusing alcohol. He completed one inpatient alcohol program and has participated in two other inpatient programs. He has also been referred to AA and community alcohol programs, which he has not successfully completed because of his failure to follow through. Because of his alcoholism, he has had a history of unstable work, financial, and living arrangements. Disability income through SSDI has allowed him to survive.
[ ] Hinger's involvement in the criminal Justice area includes:
8/13/88 Mitchell PD/Simple Assault-dismissed
6/14/89 Mitchell PD/Simple Assault-dismissed
2/11/90 Mitchell PD/Vandalism-Intentional Property Damage, 3rd degree-Simple Assault-underage Consumption of Alcohol-dismissed
6/25/90 Davison County SO/Simple Assault-dismissed
12/28/90 Mitchell PD/Underage Consumption-Simple Assault-Unlawful Occupancy-all counts dismissed
3/12/91 Mitchell PD/Simple Assault-dismissed
7/20/91 Mitchell PD/Simple Assault-reduced to Disorderly conduct-$50 fine, costs, 5 days susp. on conditions
12/6/91 SD Highway Patrol/DUI, 1st offense-plea of guilty-30 days jail, conditions
1/23/92 Mitchell PD/Petty Theft, 1st degree-plea of guilty to petty theft-costs, 30 days susp. on conditions
3/4/92 Mitchell PD/Simple Assault-dismissed
1/26/93 Davison County SO/Disorderly Conduct-dismissed
3/1/96 Minnehaha County SO/Domestic Violence-obstructing-Resisting Arrest-plea of guilty to Simple Assault-$100 fine, 90 days jail, 75 susp., resisting dismissed
4/3/96 Minnehaha County SO/Obstr
Page 1 2 3 4 5 6 7 South Dakota DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|