23A-33-2.(Rule 38(a)(2)) Stay of imprisonment on appeal--Transfer of prisoner to facilitate preparation of appeal.
A sentence of imprisonment shall be stayed if an appeal is taken and the defendant is admitted to bail. If the defendant is not admitted to bail, the trial court upon request of the defendant, may order that the defendant be retained at, or transferred to, a place of confinement near the place of trial or some other convenient place, for a period reasonably necessary to permit the defendant to assist in the preparation of his appeal to the Supreme Court.
Source: SL 1978, ch 178, ยง407.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 33 - Relief Pending Appeal
Section 23A-33-1 - Stay of execution by trial court on notice of intent to appeal.
Section 23A-33-3 - Stay of further proceedings on appeal from order before judgment.
Section 23A-33-4 - (Rule 38(a)(3)) Stay of fine pending appeal--Security required of defendant.
Section 23A-33-5 - (Rule 38(a)(4)) Stay of order for probation.