23A-32-22. Discretionary appeals of illegal sentences.
An appeal to the Supreme Court may be taken by the state or the defendant from an order granting or denying a motion to correct an illegal sentence or an order granting or denying a motion to correct a sentence imposed in an illegal manner. An appeal under this section is not a matter of right but of sound judicial discretion. An appeal from an illegal sentence shall be taken in the same manner as an intermediate appeal pursuant to subdivision 15-26A-3(6).
Source: SL 2015, ch 141, ยง1.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 32 - Appeals To Supreme Court
Section 23A-32-1 - Transcript prepared when necessary to protect defendant's rights.
Section 23A-32-2 - Defendant's right to appeal.
Section 23A-32-3 - Reproduction of brief for indigent defendant--Form and contents.
Section 23A-32-6 - Time for appeal by prosecution.
Section 23A-32-7 - Release on bail pending appeal by prosecution.
Section 23A-32-9 - Scope of review by Supreme Court.
Section 23A-32-10 - New trial motion not required to preserve grounds for appeal.
Section 23A-32-11 - Scope of review when denial of new trial assigned as error.
Section 23A-32-12 - Discretionary appeal from intermediate order before trial--Procedure.
Section 23A-32-13 - Constitutional issue first raised on appeal.
Section 23A-32-14 - Provisions as to civil appeals applicable unless otherwise provided.
Section 23A-32-15 - Time of taking appeal.
Section 23A-32-18 - Remand to trial court for new trial motion.
Section 23A-32-19 - Disposition of case directed by Supreme Court.
Section 23A-32-20 - Time for appeal by personal representative of deceased defendant's estate.
Section 23A-32-22 - Discretionary appeals of illegal sentences.