PIERRE, S.D. (AP) — South Dakota’s Supreme Court has rejected an appeal from a man who got a harsher prison sentence after he flipped the bird at the judge in his case.
The high court on Wednesday upheld the sentence of 39-year-old Shawn Ross, who had agreed to plead guilty to burglary for trying to pry a change machine off a Chamberlain car wash wall in 2017.
The circuit judge sentenced Ross to five years in prison with 3½ years suspended. But after the judge saw Ross flip him off as he left the courtroom, he re-imposed the suspended time.
When Ross filed for re-sentencing, the judge relented but reduced the suspended portion by two months. The high court upheld that sentence.
Ross could be released in November.