Title 23A — CRIMINAL PROCEDURE
59 chapters · 948 sections in this title.
SDCL 23A-32-12
0.1K chars
Source: SDC 1939 & Supp 1960, § 34.4106; SDCL, § 23-51-12; SL 1978, ch 178 , § 408.
SDCL § 23A-33-1 Stay of execution by trial court on notice of intent to appeal
0.4K chars
After a judgment of conviction has been rendered but before execution of the sentence thereon, a trial court may in its discretion, if the defendant states that he desires to appeal, stay execution of the sentence for a period not to exceed thirty days. Source: SL 1907, ch 120 , …
SDCL § 23A-33-2 (Rule 38(a)(2)) Stay of imprisonment on appeal--Transfer of prisoner to facilitate preparation of appeal
0.5K chars
A sentence of imprisonment shall be stayed if an appeal is taken and the defendant is admitted to bail. If the defendant is not admitted to bail, the trial court upon request of the defendant, may order that the defendant be retained at, or transferred to, a place of confinement …
SDCL § 23A-33-3 Stay of further proceedings on appeal from order before judgment
0.3K chars
An appeal from an order made before final judgment shall stay further proceedings only by order of the trial court or by order of the Supreme Court. A trial court, however, shall have no power to stay further proceedings on an appeal provided for by § 23A-32-5 or
SDCL § 23A-33-4 (Rule 38(a)(3)) Stay of fine pending appeal--Security required of defendant
0.5K chars
A sentence to pay a fine or a fine and costs, if an appeal is taken, may be stayed by a trial court or by the Supreme Court upon such terms as the court deems proper. A court may require a defendant pending appeal to deposit the whole or any part of his fine and costs with the cl…
SDCL § 23A-33-5 (Rule 38(a)(4)) Stay of order for probation
0.3K chars
An order placing a defendant on probation may be stayed if an appeal is taken. If not stayed, the court shall specify when the term of probation shall commence. If an order is stayed the court shall fix the terms of the stay. Source: SL 1978, ch 178 , § 410.
SDCL § 23A-33-6 Bail pending appeal
0.1K chars
Admission to bail shall be as provided in chapter 23A-43 . Source: SL 1978, ch 178 , § 411. 23A-33-7 to 23A-33-9. (Rules 38(b), 38(c), 39)) Reserved