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South Dakota statute

SDCL § 23A-32-22 — Discretionary appeals of illegal sentences

Current through text effective June 30, 2026 (through the 2025 Regular Session)

Part of Chapter 32: Appeals To Supreme Court, South Dakota Codified Laws.

Full text of SDCL § 23A-32-22

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.

SDCL § 23A-32-22Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
An appeal to the Supreme Court may be taken by the state or the defendant from an order granting or denying a motion to correct an illegal sentence or an order granting or denying a motion to correct a sentence imposed in an illegal manner. An appeal under this section is not a matter of right but of sound judicial discretion. An appeal from an illegal sentence shall be taken in the same manner as an intermediate appeal pursuant to subdivision 15-26A-3(6).

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This reference is informational and is not legal advice.