SIOUX FALLS, S.D. (AP) — A Sioux Falls man who pleaded guilty to aggravated assault for choking his ex-girlfriend and mutilating her breasts is appealing his sentence to the South Dakota Supreme Court.

Tony Ledbetter's attorney, David Stuart, told the justices Wednesday that the circuit court erred when it failed to sentence Ledbetter to 30 years or less as laid out in a plea agreement. Ledbetter was sentenced to 45 years in prison in Lincoln County last November.

The Argus Leader says state attorney Patricia Archer told the high court the plea agreement sentence was only a recommendation.

Ledbetter was convicted of punching his ex-girlfriend, knocking her unconscious and cutting off her nipple with a pair of scissors. When the victim regained consciousness, Ledbetter attacked her again and cut her left breast.

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