South Dakota § 33-10-216 Execution of sentence when appeal waived or withdrawn.

South Dakota Statutes

§ 33-10-216 — Execution of sentence when appeal waived or withdrawn.

South Dakota § 33-10-216

Title 33MILITARY AFFAIRS

Ch. 33-7UNIFORM STATE CODE OF MILITARY JUSTICE

This text of South Dakota § 33-10-216 (Execution of sentence when appeal waived or withdrawn.) 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 § 33-10-216 (2026).

Text

If the sentence of the court-martial extends to dismissal or a dishonorable or bad conduct discharge and if the right of the accused to appellate review is waived, or an appeal is withdrawn pursuant to § 33-10-193 or 33-10-194 , that part of the sentence extending to dismissal or a dishonorable or bad-conduct discharge may not be executed until review of the case by the senior force judge advocate and any action on that review pursuant to § 33-10-201 is completed. Any other part of a court-martial sentence may be ordered executed by the convening authority or other person acting on the case pursuant to § 33-10-187 when so approved under that section.

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If the sentence of the court-martial extends to dismissal or a dishonorable or bad conduct discharge and if the right of the accused to appellate review is waived, or an appeal is withdrawn pursuant to § 33-10-193 or 33-10-194 , that part of the sentence extending to dismissal or a dishonorable or bad-conduct discharge may not be executed until review of the case by the senior force judge advocate and any action on that review pursuant to § 33-10-201 is completed. Any other part of a court-martial sentence may be ordered executed by the convening authority or other person acting on the case pursuant to § 33-10-187 when so approved under that section.