From Casetext: Smarter Legal Research

City of Brookings v. Jensen

Supreme Court of South Dakota
Oct 28, 1974
222 N.W.2d 911 (S.D. 1974)

Opinion

File No. 11393.

Opinion filed October 28, 1974

Appeal from the District County Court of Brookings County; Hon. Lyle E. Cheever, Judge.

Gunderson Gunderson, Clear Lake, for defendant and appellant.

Ron Aho, Deputy City Atty., Brookings, for plaintiff and respondent.


On September 17, 1973, defendant was found guilty by a jury on a charge of driving while intoxicated, a violation of an ordinance in the City of Brookings, South Dakota. The record reveals that no judgment of conviction has ever been signed, attested or filed. The briefs state that imposition of sentence and entry of judgment have been delayed pending the outcome of defendant's appeal.

SDCL 23-51-1 provides that an appeal may be taken from a final judgment of conviction. On June 6, 1973, we dismissed an attempted appeal from a conviction because no judgment had been entered in accordance with SDCL 23-48-14. City of Pierre v. Smith, 87 S.D. 340, 208 N.W.2d 11. See also City of Pierre v. Lampert, 70 S.D. 114, 15 N.W.2d 360. Because a similar situation exists here, this appeal must also be dismissed. An order will be entered accordingly.


Summaries of

City of Brookings v. Jensen

Supreme Court of South Dakota
Oct 28, 1974
222 N.W.2d 911 (S.D. 1974)
Case details for

City of Brookings v. Jensen

Case Details

Full title:CITY OF BROOKINGS, Respondent v. JENSEN, Appellant

Court:Supreme Court of South Dakota

Date published: Oct 28, 1974

Citations

222 N.W.2d 911 (S.D. 1974)
222 N.W.2d 911

Citing Cases

Johnson v. Straight's, Inc.

We have held that the same rule applies in criminal cases. City of Brookings v. Jensen, 88 S.D. 526, 222…