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STATE v. McCOLL

No. 25885.

807 N.W.2d 813 (2011)

2011 S.D. 90

STATE of South Dakota, Plaintiff and Appellee, v. Buckly McCOLL, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 21, 2011.

Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, Ann C. Meyer , Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Paul R. Winter of Skinner & Winter, Prof. LLC, Rapid City, South Dakota, Attorneys for defendant and appellant.

ZINTER, Justice.

[¶ 1.] Former Fall River County Deputy Sheriff Buckly McColl entered into a plea agreement to plead guilty to one count of third-degree rape. In exchange, the State dismissed other charges and agreed to not release an analysis of McColl's use of the Sheriff's Department's computers. More than one year after McColl was sentenced, he moved to withdraw his plea, asserting that the State violated the plea agreement by "leaking" the computer analysis...

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