Published October 04, 2011, 03:37 PM

Man seeks new sentence for Brookings' rape conviction

MITCHELL (AP) — A man who pleaded guilty last year in a string of sexual assaults in Brookings is asking the South Dakota Supreme Court to order that he be sentenced by another judge.

MITCHELL (AP) — A man who pleaded guilty last year in a string of sexual assaults in Brookings is asking the South Dakota Supreme Court to order that he be sentenced by another judge.

Chris Jones' plea agreement with prosecutors called for a sentence recommendation on the three counts of second-degree rape and one count of kidnapping not to exceed 70 years. Circuit Judge David Gienapp handed down a sentence greater than the agreement.

Jones asked for a new sentencing hearing because prosecutors did not note the agreement at the hearing.

Gienapp agreed, and handed Jones a similar sentence to the original one.

Jones' lawyer argued that a different judge should sentence him because the plea agreement was violated.

A lawyer for the state says the mistake was corrected with the second hearing.

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