South Dakota Statutes

§ 23A-33-5 — (Rule 38(a)(4)) Stay of order for probation.

South Dakota § 23A-33-5

JurisdictionSouth Dakota

Title 23ACRIMINAL PROCEDURE

Ch. 23A-33RELIEF PENDING APPEAL

This text of South Dakota § 23A-33-5 ((Rule 38(a)(4)) Stay of order for probation.) 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-33-5 (2026).

Text

An order placing a defendant on probation may be stayed if an appeal is taken. If not stayed, the court shall specify when the term of probation shall commence. If an order is stayed the court shall fix the terms of the stay.

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Related

State v. Paulson

2015 SD 12 (South Dakota Supreme Court, 2015)

6 case citations

State v. Janklow

2004 SD 36 (South Dakota Supreme Court, 2004)

3 case citations

Legislative History

SL 1978, ch 178, § 410.

Nearby Sections

15

§ 23A-1-1

(Rule 1) Proceedings governed by title.

§ 23A-1-2

(Rule 2) Purposes of title--Construction.

§ 23A-10-2

Form of plea raising defense.

§ 23A-10-3

(Rule 12.2(b)) Notice to prosecutor of intention to use expert testimony relating to mental condition--Additional time allowed.

§ 23A-10-4

(Rule 12.2(c)) Order to defendant to submit to psychiatric examination--Court appointment of experts--Statements by accused privileged.

§ 23A-10-5

(Rule 12.2(d)) Exclusion of testimony on failure to give notice or submit to examination.

§ 23A-10-6

Mistrial when defense raised without pleading--Subsequent trial.

§ 23A-10-7

Independent psychiatric examination--Court approval--Notice--Cost.

§ 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.

§ 23A-10A-16

Time in approved facility credited to term of imprisonment.

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Bluebook (online)

South Dakota § 23A-33-5, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/23A-33-5.