South Dakota statute
SDCL § 23A-31-1 — (Rule 35) Correction or reduction of sentence--Time permitted--Post-conviction remedies unimpaired
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 31: Correction Of Proceedings, South Dakota Codified Laws.
Full text of SDCL § 23A-31-1
Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.
A court may correct an illegal sentence at any time and may correct a sentence imposed in an illegal manner within the time provided in this section for the reduction of sentence. A court may reduce a sentence:
(1) Within two years after the sentence is imposed;
(2) Within one hundred twenty days after receipt by the court of a remittitur issued upon affirmance of the judgment or dismissal of the appeal; or
(3) Within one hundred twenty days after entry of any order or judgment of the Supreme Court denying review of, or having the effect of upholding, a judgment of conviction;
whichever is later. A court may also reduce a sentence upon revocation of probation or suspension of sentence as provided by law. The remedies provided by this section are not a substitute for nor do they affect any remedies incident to post-conviction proceedings.
Official sources
This reference is informational and is not legal advice.