State v. Ellefson

HENDERSON, Justice

(concurring in result).

Due to the position I have taken with respect to sentencing in State v. Coe, 286 N.W.2d 340 (S.D.1979), and State v. Heim, 287 N.W.2d 497 (S.D.1980), I cannot subscribe to an approval of State v. Williams, 84 S.D. 547, 173 N.W.2d 889 (1970), or that portion of State v. Robinson, 87 S.D. 375, 209 N.W.2d 374 (1973), cited in the majority opinion as authority for the proposition that a sentence within statutory limits is not reviewable on appeal. Otherwise, I concur in the entire language and result of this opinion.