The jury, if its verdict is a recommendation of death, shall designate in writing, signed by the foreman of the jury, the aggravating circumstance or circumstances which it found beyond a reasonable doubt. Upon the findings of the jury, the judge shall fix a sentence of death.
S.D. Codified Laws § 23A-27A-5
Written designation of aggravating circumstances required
Applied in 2 court decisions — leading case State v. Moeller (1996)
Most recently applied in Piper v. Weber (July 2009)
Source: SL 1979, ch 160, § 5.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.