An appeal to the Supreme Court may be taken by the state or the defendant from an order granting or denying a motion to correct an illegal sentence or an order granting or denying a motion to correct a sentence imposed in an illegal manner. An appeal under this section is not a matter of right but of sound judicial discretion. An appeal from an illegal sentence shall be taken in the same manner as an intermediate appeal pursuant to subdivision 15-26A-3(6).
S.D. Codified Laws § 23A-32-22
Discretionary appeals of illegal sentences
Applied in 2 court decisions — leading case State v. Kaufman (2016)
Most recently applied in State v. Edelman (February 2022)
Source: SL 2015, ch 141, § 1.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.