(concurring in result).
As Goodroad, cited in the majority opinion, is recent and compelling precedent to decide this case, I concur in that portion of this opinion up to, and including, this sentence: “Therefore, the issue on appeal is not properly reviewable in a habeas corpus proceeding and the order denying habeas corpus relief is affirmed.”
After the above-stated quote, the balance of the opinion is surplusage. Nonconstitu-tional and nonjurisdictional defects cannot be reviewed on habeas corpus. I dissented in Logan v. Solem, 406 N.W.2d 714, 719 (S.D.1987), as a constitutional infirmity existed; here, I can join this opinion (conceding, by hypothesis, that procedural error exists) because there exists only a statutory infirmity.