Discretionary appeals of illegal sentences

SDCL § 23A-32-22 — under APPEALS TO SUPREME COURT.

SDCL § 23A-32-22

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). Source: SL 2015, ch 141 , § 1.