South Dakota Supreme Court February 26, 2001, None (State v. Ekern)

PER CURIAM.

[¶ 1.] An attorney with the Pennington County Public Defender once again claims a sentence violates the constitutional protection against cruel and unusual punishment.

1

Here, the claim is that a two year penitentiary sentence for third offense felony DUI is constitutionally infirm. This suggestion “borders on the bizarre.”

State v. Winchester,

438 N.W.2d 555, 556 (S.D. 1989).

[¶ 2.