(dissenting).
Martin was sentenced on March 14,1979. Three years of his eight year sentence was suspended. He was paroled and released from the penitentiary on September 30, 1980. On August 4, 1984, the trial court revoked the suspended portion of the sentence and returned Martin to the penitentiary.
In State v. Huftile, 367 N.W.2d 193 (S.D.1985), we said:
A penitentiary inmate is accordingly eligible for release either by the Board of Charities and Corrections, SDCL 24-15-8, or a suspended sentence from the trial court. Via either route, the inmate becomes a parolee under the supervision of the Board of Charities and Corrections. See, SDCL 24-15-14; SDCL 23A-27-19. Under SDCL 24-15-24 only the Board of Pardons and Paroles may “revoke the parole and reinstate the terms of the original sentence and conviction.” Uncertainty, if not chaos will result if a parolee is required to satisfy two supervisors; the sentencing court and the Board of Charities and Corrections, each with a different set of restrictions and conditions.
Affirming this revocation is inconsistent with Huftile and fuels the very confusion we there tried to settle.