South Dakota Statutes
§ 23A-27A-4 — Aggravating circumstance and recommendation of death penalty required for Class A felony death sentencing--Life imprisonment--Bench trial or guilty plea.
If, upon a trial by jury, a person is convicted of a Class A felony, a sentence of death shall not be imposed unless the jury verdict at the presentence hearing includes a finding of at least one aggravating circumstance and a recommendation that such sentence be imposed. If an aggravating circumstance is found and a recommendation of death is made, the court shall sentence the defendant to death. If a sentence of death is not recommended by the jury, the court shall sentence the defendant to life imprisonment. The provisions of this section shall not affect a sentence when the case is tried without a jury or when a court accepts a plea of guilty.
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South Dakota § 23A-27A-4 (Aggravating circumstance and recommendation of death penalty required for Class A felony death sentencing--Life imprisonment--Bench trial or guilty plea.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
State v. Rhines
1996 SD 55 (South Dakota Supreme Court, 1996)
State v. Moeller
1996 SD 60 (South Dakota Supreme Court, 1996)
Charles Rhines v. Darin Young
899 F.3d 482 (Eighth Circuit, 2018)
Piper v. Young
2019 S.D. 65 (South Dakota Supreme Court, 2019)
Moeller v. Weber
635 F. Supp. 2d 1036 (D. South Dakota, 2009)
Legislative History
SL 1979, ch 160, § 4.
Nearby Sections
15
§ 23A-10-2
Form of plea raising defense.§ 23A-10A-1
Definition of mental incompetency.§ 23A-10A-10
Expense of maintenance of defendant committed.§ 23A-10A-13
Approved facility defined.§ 23A-10A-13.1
Restoration to competency program defined.§ 23A-10A-14
Facility's report--Length of commitment determined--Review after one year--Dismissal on court finding.§ 23A-10A-15
Length of detention for Class A, B, or C felony.