South Dakota Codified Laws
Chapter 32 - Appeals To Supreme Court
Section 23A-32-4 - Appeal by prosecution from judgment setting aside verdict, dismissal, arrest of judgment, new trial, or deviation from mandatory sentence.

23A-32-4. Appeal by prosecution from judgment setting aside verdict, dismissal, arrest of judgment, new trial, or deviation from mandatory sentence.
An appeal by a prosecuting attorney in a criminal case may be taken to the Supreme Court, as a matter of right, from a judgment or order of a circuit court that:
(1)Sets aside a verdict and entering judgment of acquittal;
(2)Sustains a motion to dismiss an indictment or information, as to any one or more counts, or any part thereof, on statutory grounds or otherwise;
(3)Grants a motion for arrest of judgment or a motion for a new trial; or
(4)Finds mitigating circumstances to exist in deviating from the mandatory sentencing provisions of §22-42-2. However, any appeal does not bar or preclude another prosecution of the defendant for the same offense, unless the dismissal is affirmed by the Supreme Court.

Source: SDC 1939 & Supp 1960, §34.4101; SDCL §23-51-2; SL 1978, ch 178, §402; SL 1979, ch 159, §23; SL 1989, ch 201, §3; SL 2013, ch 112, §1; SL 2021, ch 111, § 1.

Structure South Dakota Codified Laws