South Dakota Codified Laws
Chapter 07 - Habitual Offenders
Section 22-7-12 - Defendant to receive copy of information--Contents kept from jury until conviction--Right to jury trial.

22-7-12. Defendant to receive copy of information--Contents kept from jury until conviction--Right to jury trial.
The defendant shall be apprised of the contents of the habitual offender information and shall receive a copy of it. The habitual offender information may not be divulged to the jury in any manner unless and until the defendant has been convicted of the principal offense.
The defendant shall also be informed of the right to a trial by jury on the issue of whether the defendant is the same person as alleged in the habitual criminal information.

Source: SL 1959, ch 234; SDC Supp 1960, §34.3009-1; SL 1961, ch 183; SDCL, §23-32-10; SL 1976, ch 158, §7-6; SL 2005, ch 120, §389.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 22 - Crimes

Chapter 07 - Habitual Offenders

Section 22-7-7 - One or two prior felony convictions--Sentence increased--Limitation--Felony determination.

Section 22-7-8 - Three or more additional felony convictions including one or more crimes of violence--Enhancement of sentence.

Section 22-7-8.1 - Three or more additional felony convictions not including a crime of violence--Enhancement of sentence--Limitation--Parole.

Section 22-7-9 - Criteria for consideration of prior convictions.

Section 22-7-10 - Duty of law enforcement personnel to report knowledge of prior convictions.

Section 22-7-11 - Habitual criminal information--Filing--Contents--Proof.

Section 22-7-12 - Defendant to receive copy of information--Contents kept from jury until conviction--Right to jury trial.