South Dakota Codified Laws
Chapter 07 - Habitual Offenders
Section 22-7-9 - Criteria for consideration of prior convictions.

22-7-9. Criteria for consideration of prior convictions.
No prior conviction may be considered under either §22-7-7 or 22-7-8 unless the defendant was, on such prior conviction, discharged from prison, jail, probation, or parole within fifteen years of the date of the commission of the principal offense. Moreover, only one prior conviction arising from the same transaction may be considered.

Source: SL 1976, ch 158, §7-4; SL 1977, ch 189, §20; SL 2005, ch 120, §386.

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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.