South Dakota § 23A-32-4 Appeal by prosecution from judgment setting aside verdict, dismissal, arrest of judgment, new trial, or deviation from mandatory sentence.

South Dakota Statutes

§ 23A-32-4 — Appeal by prosecution from judgment setting aside verdict, dismissal, arrest of judgment, new trial, or deviation from mandatory sentence.

South Dakota § 23A-32-4

Title 23ACRIMINAL PROCEDURE

Ch. 23A-31APPEALS TO SUPREME COURT

This text of South Dakota § 23A-32-4 (Appeal by prosecution from judgment setting aside verdict, dismissal, arrest of judgment, new trial, or deviation from mandatory sentence.) 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-32-4 (2026).

Text

An appeal by a prosecuting attorney in a criminal case may be taken to the Supreme Court, as a matter of right, from a judgment or order of a circuit court that:

(1)Sets aside a verdict and entering judgment of acquittal;

(2)Sustains a motion to dismiss an indictment or information, as to any one or more counts, or any part thereof, on statutory grounds or otherwise;

(3)Grants a motion for arrest of judgment or a motion for a new trial; or (4) Finds mitigating circumstances to exist in deviating from the mandatory sentencing provisions of § 22-42-2 . However, any appeal does not bar or preclude another prosecution of the defendant for the same offense, unless the dismissal is affirmed by the Supreme Court.

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An appeal by a prosecuting attorney in a criminal case may be taken to the Supreme Court, as a matter of right, from a judgment or order of a circuit court that: (1) Sets aside a verdict and entering judgment of acquittal; (2) Sustains a motion to dismiss an indictment or information, as to any one or more counts, or any part thereof, on statutory grounds or otherwise; (3) Grants a motion for arrest of judgment or a motion for a new trial; or (4) Finds mitigating circumstances to exist in deviating from the mandatory sentencing provisions of § 22-42-2 . However, any appeal does not bar or preclude another prosecution of the defendant for the same offense, unless the dismissal is affirmed by the Supreme Court.

Legislative History

SDC 1939 & Supp 1960, § 34.4101; SDCL § 23-51-2; SL 1978, ch 178, § 402; SL 1979, ch 159, § 23; SL 1989, ch 201, § 3; SL 2013, ch 112, § 1; SL 2021, ch 111, § 1.