South Dakota § 23A-32-22 Discretionary appeals of illegal sentences.

South Dakota Statutes

§ 23A-32-22 — Discretionary appeals of illegal sentences.

South Dakota § 23A-32-22

Title 23ACRIMINAL PROCEDURE

Ch. 23A-31APPEALS TO SUPREME COURT

This text of South Dakota § 23A-32-22 (Discretionary appeals of illegal sentences.) 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 § 23A-32-22 (2026).

Text

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 matter of right but of sound judicial discretion. An appeal from an illegal sentence shall be taken in the same manner as an intermediate appeal pursuant to subdivision 15-26A-3(6).

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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 matter of right but of sound judicial discretion. An appeal from an illegal sentence shall be taken in the same manner as an intermediate appeal pursuant to subdivision 15-26A-3(6).