A registered sex offender's past actions can be used to increase any sentence he might receive on current charges, Circuit Judge Robert Gusinsky said Tuesday.
The attorney representing James Holtry wanted the judge to reject the Pennington County State's Attorney's accusation that Holtry is a habitual offender.
Public Defender Jeremiah Davis said Holtry was not properly advised of his rights before he pleaded guilty to sexual contact charges in 1999.
Gusinsky said, however, that Holtry's guilty plea was "knowing and voluntarily" given in 1999.
Holtry is currently charged with three counts of possession, manufacture or distribution of child pornography. He is being held in the Pennington County Jail under a $250,000 bond.