State v. Pentecost

Summary

The Supreme Court of South Dakota affirmed John T. Pentecost’s conviction and sentence for second-degree burglary. The court held that whether a defendant is licensed or privileged to enter an occupied structure depends on possession or occupancy and the totality of the circumstances, rather than legal ownership alone. The court also upheld denial of Pentecost’s motion to withdraw his guilty plea and found an adequate factual basis for accepting it.

Holdings

1. A claim of legal title or ownership is not dispositive of whether a defendant is licensed or privileged to enter or remain in an occupied structure. The relevant inquiry is whether the defendant had a possessory or occupancy interest at the time of entry, determined from the totality of the circumstances.
2. A defendant may withdraw a guilty plea after sentencing only to correct manifest injustice, and the circuit court did not abuse its discretion in finding no manifest injustice.
3. The record contained an adequate factual basis for each element of second-degree burglary, and the circuit court properly accepted the guilty plea.

Questions Presented

1. Whether the circuit court erred in denying Pentecost's motion to dismiss the second-degree burglary charge because he allegedly had a license or privilege to enter the home based on an ownership interest.
2. Whether the circuit court abused its discretion by denying Pentecost's post-sentencing motion to set aside the conviction and withdraw his guilty plea.
3. Whether the circuit court accepted the guilty plea without an adequate factual basis for second-degree burglary.

Disposition

affirmed