State v. Rederth

HENDERSON, Justice

(concurring in result).

In concurring in the result of this opinion, I wish to cite my concurrence in result in State v. Janssen, 371 N.W.2d 353, 356 (S.D.1985). My writing in Janssen sets forth my beliefs and authorities in sentencing. It is vital that statistics, criteria, history of eases, studies and court records be introduced at the trial court level so that this Court can make an enlightened appellate review either as to (a) the proportionality or disproportionality under the Eighth Amendment, or (b) the encumbering of a sentence because a defendant has exercised his constitutional right to a jury trial. We have an insufficient record below to determine if Rederth’s constitutional rights were violated. For a summary of cases in the United States on the power of a trial court to suspend or revoke the operation of a motor vehicle driving license, see State v. Nichols, 264 N.W.2d 765 (Iowa 1978). How broad is the police power in South Dakota? Is ten years a “reasonable regulation under the police power of the state”? See Matter of Hansen, 298 N.W.2d 816 (S.D.1980). Under the decision of Nichols, Iowa had a state statute restricting the sanction to six years. In South Dakota, is the sanction limitless — such as a lifetime? Perhaps the state legislature, in its infinite wisdom, will someday speak.