Tuesday, Judge Robert Gusinsky ruled that convicted sex offender James Holtry's prior offenses can be used to enhance any potential prison sentence in his current case.
Holtry's attorney, Jay Davis, wanted his client's 1999 conviction stricken from the record, claiming his guilty plea in that case was not given knowingly and voluntarily. After taking a look at the 1999 transcripts, Judge Gusinsky ruled that Holtry knew what he was doing when he entered a guilty plea.
With Holtry's habitual offender status, his current charges of possessing child pornography would carry an extra 50 years behind bars.
Prosecutors say Holtry was looking at pictures of child pornography near the kids area at the East North Street McDonalds in Rapid City back in August.