State v. Springer
Decision Date | 12 November 2014 |
Docket Number | No. 26770.,26770. |
Citation | 856 N.W.2d 460 |
Parties | STATE of South Dakota, Plaintiff and Appellee, v. Shawn Cameron SPRINGER, Defendant and Appellant. |
Court | South Dakota Supreme Court |
Marty J. Jackley, Attorney General, Ann C. Meyer, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.
Jamie L. Damon, Pierre, South Dakota, Attorney for defendant and appellant.
[¶ 1.] In August 1996, 16–year–old Shawn Cameron Springer pleaded guilty and was sentenced to a term of years in prison for kidnapping Michael Hare. Springer is eligible for parole after he serves 33 years of his sentence. Based on subsequent United States Supreme Court decisions, Springer filed a motion to correct an illegal sentence. The circuit court denied the motion. We affirm.
[¶ 2.] The facts which relate to the kidnapping, robbery, and murder of Michael Hare can be found in greater detail at State v. Jensen, 1998 S.D. 52, ¶¶ 2–17, 579 N.W.2d 613, 614–16. To summarize, Springer and Paul Dean Jensen, who was 14 years old, called for a taxi on the night of January 14, 1996, in Pierre, South Dakota. Springer and Jensen directed the driver, Michael Hare, to take them to a rural area near Fort Pierre. Once they reached a gravel road outside Fort Pierre, Jensen exited the taxi with a gun drawn and demanded that Hare get out. Hare obeyed and Jensen robbed Hare at gunpoint. Jensen then shot Hare in the chest. Hare begged for his life, but Jensen executed Hare by firing two bullets into his head. Hare died instantly. Jensen grabbed the money (which amounted to just over $36), jumped into the taxi, and Springer drove back to the main road. A police officer met Springer at the main road, and a chase ensued. Springer drove the taxi into a snow bank, and the police apprehended both juveniles.
[¶ 3.] A Stanley County Grand Jury indicted Springer on April 4, 1996, for multiple crimes, including first-degree murder, felony murder, kidnapping, robbery, grand theft, conspiracy, possession of a stolen vehicle, and aiding and abetting some of the aforementioned crimes. Springer entered into a plea agreement with the State, and on August 12, 1996, the Honorable Max L. Gors held a change of plea hearing, at which the court informed Springer of his statutory and constitutional rights, and the potential minimum and maximum punishments. Springer agreed to cooperate with the police, testify against Jensen, and provide a factual statement of the events surrounding the crimes. In return, the State dropped the other charges, and Springer pleaded guilty to Kidnapping, a Class 1 felony, in violation of SDCL 22–19–1(2) with a maximum potential punishment of life without parole. Both sides were free to recommend any sentence they felt appropriate.
[¶ 4.] At the October sentencing hearing,1 the State and the victim's family advocated for life in prison without parole while Springer's attorneys requested a 30–year sentence. Springer's attorneys argued that Springer was young, could give back to society, cooperated with the State, was smart, contrite, could be rehabilitated, had lacked proper guidance throughout his life, had a poor home life, barely knew his father, and did not have any positive role models. The State argued that Springer had lied in his factual statement, had planned the robbery and murder, failed to prevent the murder, lacked remorse, had a bad juvenile record, and his rehabilitation chances were poor. The victim's family members expressed sorrow at the loss of Hare. Springer apologized to the victim's family.
[¶ 5.] Judge Gors ruled as follows:
[¶ 6.] Following Springer's sentencing, the United States Supreme Court decided Roper v. Simmons, 543 U.S. 551, 125 S.Ct. 1183, 161 L.Ed.2d 1 (2005) ; Graham v. Florida, 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010) ; and Miller v. Alabama, ––– U.S. ––––, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012). Roper held that the Eighth and Fourteenth Amendments forbid the imposition of the death penalty on offenders under the age of 18 at the time of their crime. 543 U.S. at 568, 125 S.Ct. at 1194. Graham held that the Eighth and Fourteenth Amendments forbid the imposition of life imprisonment without parole on juveniles for nonhomicide crimes. 560 U.S. at 75, 130 S.Ct. at 2030. Lastly, Miller merged the two cases and held that the Eighth and Fourteenth Amendments forbid sentencing schemes that mandate life in prison without parole for juvenile offenders. ––– U.S. at ––––, 132 S.Ct. at 2469.
[¶ 7.] On November 23, 2012, Springer filed a pro se motion to correct an illegal sentence alleging that his sentence was unconstitutional under Roper, Graham, and Miller. The State filed a “resistance to motion to correct sentence” on December 14, 2012, and Springer responded by filing “objections of resistance to motion to correct sentence.” The Honorable Kathleen Trandahl conducted a hearing on June 28, 2013, and denied Springer's motion. Judge Trandahl determined that Springer's sentence was not illegal because he had the possibility for parole and Judge Gors had properly considered mitigating factors, including age.3 The circuit court entered an order denying defendant's motion to correct illegal sentence on June 28, 2013. Springer appeals.
[¶ 8.] Springer raises one issue in this appeal:
Whether the circuit court erred in rejecting Springer's motion to correct illegal sentence.
STANDARD OF REVIEW
[¶ 9.] Springer asserts that he received an illegal sentence. It is clear that an unconstitutional sentence is an illegal sentence. See State v. Sieler, 1996 S.D. 114, ¶ 7, 554 N.W.2d 477, 480 ( ); State v. Tibbetts, 333 N.W.2d 440, 441 (S.D.1983) ( ); State v. Lyle, 854 N.W.2d 378, 386 (Iowa 2014) ( ); State v. Ragland, 836 N.W.2d 107, 113 (Iowa 2013) ( ); State v. Null,
836 N.W.2d 41, 48 (Iowa 2013) ( ). “A court may correct an illegal sentence at any time....” SDCL 23A–31–1.4 Accordingly, “[w]e review claims of constitutional violation under the de novo standard of review.” State v. Mesa, 2004 S.D. 68, ¶ 9, 681 N.W.2d 84, 86 (citing State v. Ball, 2004 S.D. 9, ¶ 19, 675 N.W.2d 192, 198 ); see also State v. Berhanu, 2006 S.D. 94, ¶ 7, 724 N.W.2d 181, 183 ( ); Lyle, 854 N.W.2d at 382 ; Ragland, 836 N.W.2d at 113 ; Null, 836 N.W.2d at 48.
[¶ 10.] Whether the circuit court erred in rejecting Springer's motion to correct illegal sentence.
[¶ 11.] The Eighth Amendment to the United States Constitution forbids the imposition of cruel and unusual punishment. U.S. Const. amend. VIII. The South Dakota Constitution also forbids cruel and unusual punishment. S.D. Const. art. VI, § 23. The Eighth Amendment “guarantees individuals the right not to be subjected to excessive sanctions.” Miller, ––– U.S. at ––––, 132 S.Ct. at 2463 (quoting Roper, 543 U.S. at 560, 125 S.Ct. at 1183 ). Embedded in the Eighth Amendment is the concept of “proportionality,” which “flows from the basic precept of justice” and mandates that “punishment for a crime should be graduated and proportioned.” Id. The United States Supreme Court has held that juveniles are categorically “less deserving of...
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