Title 23A — CRIMINAL PROCEDURE
59 chapters · 948 sections in this title.
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
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Source: SDC 1939 & Supp 1960, § 34.4101; SDCL § 23-51-2; SL 1978, ch 178 , § 402; SL 1979, ch 159 , § 23; SL 1989, ch 201 , § 3; SL 2013, ch 112 , § 1; SL 2021, ch 111 , § 1.
SDCL § 23A-32-1 Transcript prepared when necessary to protect defendant's rights
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In any criminal action or proceeding in which the court deems it essential to the protection of the substantial rights of the defendant, it shall order such transcript and copies of the shorthand reporter's notes of the evidence and proceedings upon the trial as may be necessary …
SDCL § 23A-32-10 New trial motion not required to preserve grounds for appeal
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Such of the matters specified in § 23A-29-1 as may have been timely presented to the trial court by motion for judgment of acquittal, or other apt motion, offer, or objection may be reviewed on appeal from the judgment without necessity for an application for a new trial. Source:…
SDCL § 23A-32-11 Scope of review when denial of new trial assigned as error
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When an order denying a new trial is assigned as error, the Supreme Court may on such assignment, review all matters properly and timely presented to the trial court by the application for new trial. Source: SDC 1939 & Supp 1960, § 34.4109; SDCL, § 23-51-17; SL 1978, ch 178 , § 3…
SDCL § 23A-32-13 Constitutional issue first raised on appeal
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The issue of the constitutionality of any statute under which the defendant has been convicted may be raised on appeal regardless of whether it was first raised in any lower court. Source: SL 1971, ch 160 ; SDCL Supp, § 23-51-7.1; SL 1978, ch 178 , § 391.
SDCL § 23A-32-14 Provisions as to civil appeals applicable unless otherwise provided
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Except as otherwise expressly provided in this chapter, all provisions of Title 15 with reference to settlement of the record, certification, and transmission thereof to the clerk of the Supreme Court, laying the foundation for appellate review of alleged errors, preparing, servi…
SDCL § 23A-32-15 Time of taking appeal
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Except as provided in § 23A-32-4 , 23A-32-5 , or 23A-32-6 , any appeal other than from a judgment must be taken within thirty days after written notice of the filing of the order shall have been given to the party appealing. An appeal from the judgment must be taken within thirty…
SDCL § 23A-32-16 Notice of appeal--Service on adverse parties--Perfection of appeal--Fee not required of indigent defendant
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Appeal to the Supreme Court shall be taken by a written notice of appeal, signed by the appellant or his attorney, specifying the order or judgment, or both, appealed from and whether the appeal is taken from the whole or a part thereof, and if from a part only, specifying the pa…
SDCL § 23A-32-17 Service of notice of appeal and papers on attorney general--Control of case by attorney general
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When an appeal is taken, the notice of appeal and all briefs, papers, and notices, either in the Supreme Court or trial court, shall be served on the attorney general as well as the prosecuting attorney, but after the appeal is perfected the attorney general shall otherwise contr…
SDCL § 23A-32-18 Remand to trial court for new trial motion
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The Supreme Court, after an appeal has been perfected, may, under the conditions specified and in the same manner as provided by § 15-30-1 , remand the record to the trial court for the purpose of entertaining a motion for new trial. Source: SDC 1939 & Supp 1960, § 34.4112; SDCL,…
SDCL § 23A-32-19 Disposition of case directed by Supreme Court
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The Supreme Court by its judgment may reverse, affirm, or modify the judgment or order appealed from, and may direct a new trial, or when the appeal is from a judgment and the defendant assigns as error a ruling of the court denying a motion for a judgment of acquittal and the co…
SDCL § 23A-32-2 Defendant's right to appeal
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An appeal to the Supreme Court may be taken by the defendant from final judgment of conviction. Source: SDC 1939 & Supp 1960, § 34.4101; SDCL, § 23-51-1; SL 1978, ch 178 , § 398.
SDCL § 23A-32-20 Time for appeal by personal representative of deceased defendant's estate
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The personal representative of a deceased defendant's estate, if substituted as a party pursuant to chapter 23A-27 , may commence an appeal on behalf of the defendant subject to the time limits of §
SDCL § 23A-32-21 Continuation by personal representative of pending appeal--Substitution--Time limits
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The personal representative of a deceased defendant, if substituted as a party, may continue a pending appeal on behalf of the deceased defendant to the extent that the claim is not extinguished by the death. The personal representative of the defendant's estate may make a motion…
SDCL § 23A-32-22 Discretionary appeals of illegal sentences
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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 m…
SDCL § 23A-32-3 Reproduction of brief for indigent defendant--Form and contents
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In any case provided for in § 23A-40-6 , brought before the Supreme Court upon appeal, the brief shall be reproduced as specified in subdivision 15-26A-68(2). In such case, the defendant must file with the clerk of the Supreme Court, the original and fourteen copies of the brief,…
SDCL § 23A-32-4 Appeal by prosecution from judgment setting aside verdict, dismissal, arrest of judgment, new trial, or deviation from mandatory sentence
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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 informa…
SDCL § 23A-32-5 Appeal by prosecution--Suppression order--Dismissal of complaint--Procedure--Double jeopardy
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An appeal by a prosecuting attorney may be taken to the Supreme Court from: (1) An order of a circuit court or a magistrate suppressing or excluding evidence or requiring the return of seized property in a criminal proceeding; (2) An order of a circuit court or a magistrate susta…
SDCL § 23A-32-6 Time for appeal by prosecution
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An appeal under § 23A-32-4 or 23A-32-5 must be taken within ten days after written notice of entry of the judgment or order. Source: SL 1978, ch 178 , § 404; SL 1979, ch 159 , § 25.
SDCL § 23A-32-7 Release on bail pending appeal by prosecution
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Pending the prosecution and determination of an appeal authorized by § 23A-32-4 or 23A-32-5 , a defendant may be released in accordance with chapter 23A-43 . Source: SL 1978, ch 178 , § 405. 23A-32-8. Reserved
SDCL § 23A-32-8 Reserved 23A-32-9 Scope of review by Supreme Court
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23A-32-10 New trial motion not required to preserve grounds for appeal. 23A-32-11 Scope of review when denial of new trial assigned as error. 23A-32-12 Discretionary appeal from intermediate order before trial--Procedure. 23A-32-13 Constitutional issue first raised on appeal. 23A…
SDCL § 23A-32-9 Scope of review by Supreme Court
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On an appeal from a judgment the Supreme Court may review any order, ruling, or determination of the trial court, involving the merits and necessarily affecting the judgment and appearing upon the record including an order denying a new trial, and whether any such order, ruling, …