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State v. Dietz

Supreme Court of South Dakota.
Feb 22, 2022
971 N.W.2d 906 (S.D. 2022)

Opinion

#29655, #29656

02-22-2022

STATE of South Dakota, Plaintiff and Appellee, v. Zachary DIETZ, Defendant and Appellant.


ORDER DIRECTING ISSUANCE OF JUDGMENT OF AFFIRMANCE

The Court having considered the briefs filed in the above-entitled matter, together with the appeal record, and concluded pursuant to SDCL 15-26A-87.1(A), that it is manifest on the face of the briefs and the record that the appeal is without merit on the ground that the issues on appeal are clearly controlled by settled South Dakota law or federal law binding upon the states ( SDCL 15-26A-87.1(A)(1) ), now, therefore, it is

ORDERED that a judgment affirming the Judgments of the circuit court be entered forthwith.

The Court declines to consider the merits of Appellant's ineffective assistance of counsel claim(s) because the record on direct appeal does not afford an adequate basis to review the performance of trial counsel [(See State v. Vortherms, 2020 S.D. 67, ¶ 30, 952 N.W. 2d 113, 120 ).]

PARTICIPATING: Chief Justice Steven R. Jensen and Justices Janine M. Kern Mark E. Salter, Patricia J. DeVaney and Scott P. Myren.


Summaries of

State v. Dietz

Supreme Court of South Dakota.
Feb 22, 2022
971 N.W.2d 906 (S.D. 2022)
Case details for

State v. Dietz

Case Details

Full title:STATE of South Dakota, Plaintiff and Appellee, v. Zachary DIETZ, Defendant…

Court:Supreme Court of South Dakota.

Date published: Feb 22, 2022

Citations

971 N.W.2d 906 (S.D. 2022)