23A-32-5. Appeal by prosecution--Suppression order--Dismissal of complaint--Procedure--Double jeopardy.
An appeal by a prosecuting attorney may be taken to the Supreme Court from:
(1)An order of a circuit court or a magistrate suppressing or excluding evidence or requiring the return of seized property in a criminal proceeding;
(2)An order of a circuit court or a magistrate sustaining a motion to dismiss a complaint on statutory grounds or otherwise.
An appeal under this section may not be taken after a defendant has been put in risk of double jeopardy and is not a matter of right but of sound judicial discretion. Appeals from such orders shall be taken in the same manner as intermediate appeals in subdivision §15-26A-3(6). No appeal taken under this section shall delay any trial unless a stay be granted in the discretion of the Supreme Court.
Source: SL 1978, ch 178, §403; SL 1979, ch 159, §24; SL 2021, ch 111, § 2.
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.