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State v. Schwebach4/12/2000
there is no occasion for construction, and this court's only function is to declare the meaning as clearly expressed in the statute." State v. Davis, 1999 SD 98, , 598 NW2d 535, 537.
[ ] A penalty must be authorized by law. 21 AmJur2d Criminal Law §336. Schwebach pled guilty to vehicular homicide. Thus, pursuant to SDCL 22-16-41, the maximum period for revocation of a driver's license is two years subsequent to release from incarceration. As the language of SDCL 22-16-41 is clear, we find the circuit court exceeded its statutory authority in revoking Schwebach's driver's license for life, as there is no language in SDCL 22-16-41 authorizing such a penalty.{} Accordingly, that portion of the circuit court's sentence revoking Schwebach's driver's license for life is reversed and remanded for resentencing.
[ ] Reversed and remanded for proceedings consistent with this opinion.
[ ] MILLER, Chief Justice, and SABERS, AMUNDSON, and KONENKAMP, Justices, concur.
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