PLEA AGREEMENT

STATE OF SOUTH DAKOTA ) IN CIRCUIT COURT COUNTY OF TURNER = FIRST JUDICIAL CIRCUIT CRI22-182 STATE OF SOUTH DAKOTA, Plaintif, PLEA AGREEMENT vs. "PHILLIP AUSTIN DELANEY, Defendant. COMES NOW the State of South Dakota, by and through its legal ‘counsel, Lindsey Quasney and Katie Mallery, Assistant Attorneys General, and Katelynn Hoffman, Turner County State’s Attorney, the Defendant Phillip ‘Austin Delaney, by and through his attorneys of record Seth Klentz and Amber Begert, in the above-captioned action, and jointly agree that this plea agreement will be presented to the Court for its consideration pursuant to ‘SDCL § 23A-7-8(2). It is understood by each party that the Court is free to implement or disregard the plea agreement as the Court sees fit in its own. discretion. In consideration of the mutual promises set forth below, the State of ‘South Dakota and the Defendant specifically agree as follows: DEFENDANT 1. The Defendant will enter a plea of guilty to Count 4 of the Indictment charging him with Manslaughter in the First Degree in violation of 1  SDCL§22-16-15(2), a Class C Felony. This count carries a maximum ‘penalty of life in the state penitentiary andor a fine of fifty thousand dollars ($50,000). The Defendant further agrees to pay any restitution to the victim ordered by the Court pursuant to SDCL § 23A-27-1 and § 23A-26-3, as well as prosecution costs and fees; 2. The Defendant agrees to establish, to the satisfaction of the Court, that his guilty plea is free and voluntary, a product of his own free will and not the result of coercion. In addition, Defendant further agrees to provide a statement of factual basis to the Court at the time of his change of plea. If the Court finds the statement of factual basis insufficient to satisfy the elements of the Manslaughter in the First Degree charge, the Court may take judicial notice of the evidence presented at the grand jury and evidence contained in law enforcement reports; 3. The Defendant acknowledges that by entering a plea of guilty, he waives his right to appeal on non-jurisdictional defects in the proceedings that have been held in this case prior to the date of this plea agreement. Defendant has reviewed this with legal counsel and knowingly and voluntarily waives this right to appeal, consistent with State v. Andrews, 2007 5.D. 29, 730 N.W.2d 416; 4. Defendant must make all court appearances and remain in contact with his attorney. Failure to successfully complete any of these requirements 2  will result in this plea bargain agreement potentially being revoked, in ‘whole or in part, in the State's discretion; §. Defendant shall remain on good behavior and obey all federal, state, local, municipal laws, andor regulations of any jail he is incarcerated in ‘pending sentencing. Defendant must be honest with the Court, law enforcement, and court services. Pending final resolution of these ‘matters, Defendant must obey all conditions of bond should he be released. Defendant will refrain from indulging in any consumption, injection or inhalations of any illegal drug or marijuana during final resolution of this matter. Defendant will submit to analysis of bodily fluids to confirra compliance with this provision at the request of law enforcement; 6. Defendant will make contact with a designated law enforcement official as often as is requested during resolution of this matter; 7- To effectuate the Defendant's cooperation pursuant to this agreement, Defendant hereby waives the right to a speedy trial within 180 days from the date of his initial appearance as set forth in SDCL § 23A-44-5.1 and waives any speedy trial rights under the federal and state constitutions; 8. By agreeing to this plea offer, Defendant acknowledges that he is waiving. the right to a jury trial, right against self-incrimination, right to remain silent, and right to confront bis accusers; and 9. Non-compliance with any provision herein may result in the revocation of this agreement in the State's discretion. 3  STATE OF SOUTH DAKOTA Conditioned expressly upon the Defendant's fulfillment of the ‘aforementioned provisions, the State of South Dakota agrees: 1. The State of South Dakota agrees to dismiss Counts 1, 2, and 3, of the Indictment; 2. As for the sentence, the State agrees to cap its recommendation at fifty (50) years, with twenty-five (25) years suspended under conditions the Court deems appropriate. Defendant is free to argue whatever sentence he deems appropriate. The Court has the final discretion as to ‘what sentence is imposed, up to the maximum fines and penalties and is not bound by either counsels’ recommendation; 3. Both the State and Defendant are free to fully comment on the case, and to call witnesses on their behalf at the time of sentencing: 4. The parties specifically acknowledge that the length and conditions of ‘any sentence are solely within the discretion of the sentencing judge and that no promises as to length or type of sentence have been made to the Defendant by the State. In addition, Defendant expressly acknowledges that because the parties sentencing recommendations are not binding on the Court, if the Court imposes a sentence which exceeds the recommendations, this does not constitute a rejection of the plea agreement and Defendant would not be entitled to withdraw the guilty ‘plea on that basis; and ‘  5. The State of South Dakota acknowledges that noncompliance with any ‘provision herein may result in a revocation of this agreement at the Defendant's discretion, upon which the parties will proceed to trial on the entire existing Indictment. Dated this J Iéy or filer 2023. oa ey Guth 2 & Assistant Attomey General Sioux Fals, South Dakota Dated tos Vay or St gin, 2025. a v Katie L. Maliery Assistant Attorney General Siow Falls, South Dakota Dated this [Py of Auguct 2023. Turner County, Staté’s Attorney Parker, SD s  Dated this 14 day of Au sik 2023. / ox LA, J HITE Philip Deldnesy Defendant Dated this J4_ day of Asst. 2023. = Seth Klentz, Attorney for Defendant Dated this. Jud day, ous) 2023. Defenlfant 6  STATEMENT OF DEFENDANT'S ATTORNEYS We, Seth Kents and Amber Begert, attorneys for the above-named Defendant, Phillip Austin Delaney, have reviewed the foregoing Agreement with Defendant; have explained to Defendant the nature of the charges against Defendant, Defendants constitutional rights, and the punishment that could be imposed upon a gully plea. 1 have also advised Defendant concerning my opinion about any possible defenses to the counts) fo which Delendust 1s pleading guilty and fully advised Defendant of Defendant's constitutional rights, To the best of our knowledge, information and belie, the statements, representations, and declarations acknowledged by Defendant in the foregoing, are accurate and true. The Plea made by Defendant accords with my. understanding ofthe facts Defendant ha related tome. I hereby certify that I have fully advised Defendant, Philip Austin Delaney, of Defendant's statutory and constitutional rights pursuant to SDCL, Ch. 234A, the South Dakota Constitution and the United States Constitution, and 1 believe that Defendant kenows and understands the same. 1 further certify that | have fully advised Defendant concerning this Fea Agreement and believe Defendant is entering int it knowingly and vojantarly. DATED this 14 day of _Ausgck , 2023. — Seth Keats Attorney for Defendant oaeD tis | saya lugs 2023, FILED ber ‘Attorney for Defendant sep 29 008 , Geen.