DEVANEY, Justice.
[¶1.] Kenneth Leroy Kurtz pled guilty to possession of a controlled substance, a Class 5 felony, in violation of SDCL 22-42-5. At his sentencing hearing, the circuit court found aggravating circumstances justifying a departure from presumptive probation under SDCL 22-6-11. The court sentenced Kurtz to five years in prison...
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