State of South Dakota, Plaintiff and Appellee v. Michael Huftile, Defendant and Appellant

Summary

The court held that it could review the legality of the sentence despite the defendant's failure to specifically object below because the challenge implicated the trial court's jurisdiction. It further held that probation and incarceration are mutually exclusive, so the sentence imposing a seven-year prison term together with a ten-year probationary term was unauthorized. The sentence was reversed and the case remanded for resentencing consistent with that rule.