South Dakota Codified Laws
Chapter 07 - Arraignment And Pleas
Section 23A-7-8.1 - Victim's failure to comment--Effect.

23A-7-8.1. Victim's failure to comment--Effect.
If a victim or his designee fails to exercise the right granted by §23A-7-8 or 23A-7-9, the failure is not grounds for an appeal of a conviction by a defendant or for any court to set aside, reverse, or remand a criminal conviction.

Source: SL 1985, ch 194, §3.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 23A - Criminal Procedure

Chapter 07 - Arraignment And Pleas

Section 23A-7-1 - (Rule 10) Arraignment in open court--Procedure--Verification or correction of name--Copy given to defendant.

Section 23A-7-2 - (Rule 11(a)) Pleas permitted to defendant--Requirements for plea of guilty or nolo contendere.

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-7-5 - (Rule 11(d)) Ascertainment of voluntary nature of guilty or nolo contendere plea--Pleading by attorney to misdemeanor--Imposition of sentence.

Section 23A-7-7 - Pleading to habitual offender information--Jury trial.

Section 23A-7-8 - (Rule 11(e)(1)) Plea bargaining permitted--Concessions by prosecutor permitted--Notice to victims.

Section 23A-7-8.1 - Victim's failure to comment--Effect.

Section 23A-7-9 - (Rule 11(e)(2)) Disclosure of plea agreement and victims' comments to court--Acceptance or rejection--Report by prosecuting attorney.

Section 23A-7-10 - (Rule 11(e)(3)) Advice to defendant as to acceptance of plea agreement.

Section 23A-7-11 - (Rule 11(e)(4)) Advice to parties as to rejection of plea agreement--Withdrawal of plea by defendant.

Section 23A-7-12 - (Rule 11(e)(5)) Time of notification to court of plea agreement.

Section 23A-7-13 - (Rule 11(e)(6)) Evidence of guilty or nolo contendere plea inadmissible after withdrawal--Exception in perjury prosecutions.

Section 23A-7-14 - (Rule 11(f)) Factual basis required before acceptance of plea other than nolo contendere.

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.