South Dakota Statutes
§ 23A-31-1 — (Rule 35) Correction or reduction of sentence--Time permitted--Post-conviction remedies unimpaired.
A court may correct an illegal sentence at any time and may correct a sentence imposed in an illegal manner within the time provided in this section for the reduction of sentence. A court may reduce a sentence:
(1)Within two years after the sentence is imposed;
(2)Within one hundred twenty days after receipt by the court of a remittitur issued upon affirmance of the judgment or dismissal of the appeal; or (3) Within one hundred twenty days after entry of any order or judgment of the Supreme Court denying review of, or having the effect of upholding, a judgment of conviction; whichever is later. A court may also reduce a sentence upon revocation of probation or suspension of sentence as provided by law. The remedies provided by this section are not a substitute for nor do they af
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South Dakota § 23A-31-1 ((Rule 35) Correction or reduction of sentence--Time permitted--Post-conviction remedies unimpaired.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Lykken v. Class
1997 SD 29 (South Dakota Supreme Court, 1997)
State v. Cady
422 N.W.2d 828 (South Dakota Supreme Court, 1988)
Petition of Brockmueller
374 N.W.2d 135 (South Dakota Supreme Court, 1985)
State v. Bucholz
403 N.W.2d 400 (South Dakota Supreme Court, 1987)
State v. Adams
360 N.W.2d 519 (South Dakota Supreme Court, 1985)
Application of Grosh
415 N.W.2d 824 (South Dakota Supreme Court, 1987)
Madetzke v. Dooley
2018 SD 38 (South Dakota Supreme Court, 2018)
State v. Bayer
378 N.W.2d 223 (South Dakota Supreme Court, 1985)
Bayer v. Johnson
400 N.W.2d 884 (South Dakota Supreme Court, 1987)
State v. Bowers
498 N.W.2d 202 (South Dakota Supreme Court, 1993)
State v. Cook
2015 SD 46 (South Dakota Supreme Court, 2015)
Litschewski v. Dooley
71 F. Supp. 3d 977 (D. South Dakota, 2014)
Legislative History
SL 1978, ch 178, § 384; SL 2005, ch 127, § 2.
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.