South Dakota Codified Laws
Chapter 07 - Arraignment And Pleas
Section 23A-7-2 - (Rule 11(a)) Pleas permitted to defendant--Requirements for plea of guilty or nolo contendere.

23A-7-2.(Rule 11(a)) Pleas permitted to defendant--Requirements for plea of guilty or nolo contendere.
A defendant may plead:
(1)Not guilty;
(2)Not guilty and not guilty by reason of insanity;
(3)Guilty;
(4)Nolo contendere; or
(5)Guilty but mentally ill.
Except as otherwise specifically provided, a plea of guilty or nolo contendere can only be entered by a defendant himself in open court. If a defendant refuses to plead, or if the court refuses to accept a plea of guilty or nolo contendere, the court shall enter a plea of not guilty. The court may not enter a judgment unless it is satisfied that there is a factual basis for any plea except a plea of nolo contendere.

Source: Supreme Court Rule 389, 1939; SDC 1939 & Supp 1960, §34.3520; SDCL, §23-35-16; SL 1978, ch 178, §92; SL 1980, ch 179, §1; SL 1983, ch 174, §5.

Structure South Dakota Codified Laws