South Dakota statute
SDCL § 23A-32-4 — Appeal by prosecution from judgment setting aside verdict, dismissal, arrest of judgment, new trial, or deviation from mandatory sentence
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-32-4
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.
An appeal by a prosecuting attorney in a criminal case may be taken to the Supreme Court, as a matter of right, from a judgment or order of a circuit court that:
(1) Sets aside a verdict and entering judgment of acquittal;
(2) Sustains a motion to dismiss an indictment or information, as to any one or more counts, or any part thereof, on statutory grounds or otherwise;
(3) Grants a motion for arrest of judgment or a motion for a new trial; or
(4) Finds mitigating circumstances to exist in deviating from the mandatory sentencing provisions of § 22-42-2. However, any appeal does not bar or preclude another prosecution of the defendant for the same offense, unless the dismissal is affirmed by the Supreme Court.
Official sources
Legal terms used in this section
This reference is informational and is not legal advice.