23A-7-11.(Rule 11(e)(4)) Advice to parties as to rejection of plea agreement--Withdrawal of plea by defendant.
If a court rejects the plea agreement, it shall, on the record, inform the parties of this fact, advise the defendant personally in open court or, on a showing of good cause, in chambers, that the court is not bound by the plea agreement, afford the defendant the opportunity to then withdraw his plea, if a plea has been entered, and advise him that if he persists in his guilty plea or plea of nolo contendere the disposition of the case may be less favorable to him than that contemplated by the plea agreement.
Source: SL 1978, ch 178, ยง102.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 07 - Arraignment And Pleas
Section 23A-7-3 - (Rule 11(b)) Consent required for nolo contendere plea--Considerations by court.
Section 23A-7-4 - (Rule 11(c)) Advice as to rights to defendant pleading guilty or nolo contendere.
Section 23A-7-7 - Pleading to habitual offender information--Jury trial.
Section 23A-7-8.1 - Victim's failure to comment--Effect.
Section 23A-7-10 - (Rule 11(e)(3)) Advice to defendant as to acceptance of plea agreement.
Section 23A-7-12 - (Rule 11(e)(5)) Time of notification to court of plea agreement.
Section 23A-7-15 - (Rule 11(g)) Record of proceedings at which plea entered--Contents.
Section 23A-7-16 - Guilty but mentally ill plea--Prerequisites to acceptance.