For the sole purposes of consideration of the sentence of a defendant for subsequent offenses or the determination of whether the defendant is an habitual offender under chapter 22-7, the fact of suspension of imposition of sentence under § 23A-27-13, whether or not discharge and dismissal have occurred, shall be considered a prior conviction.
S.D. Codified Laws § 23A-27-15
Suspension of sentence as conviction for purposes of habitual offender law
Applied in 5 court decisions — leading case State v. Waller (1983)
Most recently applied in State v. William Cleary (May 2012)
Source: SDCL, § 23-57-4; SL 1977, ch 197; SL 1978, ch 178, § 345.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.