South Dakota Statutes
§ 22-7-11 — Habitual criminal information--Filing--Contents--Proof.
South Dakota § 22-7-11
This text of South Dakota § 22-7-11 (Habitual criminal information--Filing--Contents--Proof.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
S.D. Codified Laws § 22-7-11 (2026).
Text
Any allegation that a defendant is an habitual criminal shall be filed as a separate information at the time of, or before, arraignment. However, the court may, upon motion, permit the separate information to be filed after the arraignment, but no less than thirty days before the commencement of trial or entry of a plea of guilty or nolo contendre. The information shall state the times, places, and specific crimes alleged to be prior convictions and shall be signed by the prosecutor. An official court record under seal or a criminal history together with fingerprints certified by the public official having custody thereof is sufficient to be admitted in evidence, without further foundation, to prove the allegation that the defendant is an habitual criminal.
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Related
State v. Bartlett
411 N.W.2d 411 (South Dakota Supreme Court, 1987)
State v. Moeller
511 N.W.2d 803 (South Dakota Supreme Court, 1994)
State v. Layton
337 N.W.2d 809 (South Dakota Supreme Court, 1983)
State v. Guthmiller
2003 SD 83 (South Dakota Supreme Court, 2003)
State v. Alexander
313 N.W.2d 33 (South Dakota Supreme Court, 1981)
State v. Carothers
2006 SD 100 (South Dakota Supreme Court, 2006)
State v. Medicine Eagle
2013 SD 60 (South Dakota Supreme Court, 2013)
Alexander v. Solem
383 N.W.2d 486 (South Dakota Supreme Court, 1986)
State v. King
383 N.W.2d 854 (South Dakota Supreme Court, 1986)
State v. Grooms
359 N.W.2d 901 (South Dakota Supreme Court, 1984)
State v. Graycek
368 N.W.2d 815 (South Dakota Supreme Court, 1985)
State v. Miller
2006 SD 54 (South Dakota Supreme Court, 2006)
State v. Gehrke
474 N.W.2d 722 (South Dakota Supreme Court, 1991)
State v. McReynolds
951 N.W.2d 809 (South Dakota Supreme Court, 2020)
State v. Bacon
286 N.W.2d 331 (South Dakota Supreme Court, 1979)
McPeek v. Fluke
(D. South Dakota, 2024)
State v. Willey
2012 S.D. 5 (South Dakota Supreme Court, 2012)
Legislative History
SL 1959, ch 234; SDC Supp 1960, § 343009-1; SL 1961, ch 183; SDCL, § 23-32-9; SL 1976, ch 158, §
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Incitement to riot--Violation as felony.Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 22-7-11, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/22-7-11.