If a court rejects the plea agreement, it shall, on the record, inform the parties of this fact, advise the defendant personally in open court or, on a showing of good cause, in chambers, that the court is not bound by the plea agreement, afford the defendant the opportunity to then withdraw his plea, if a plea has been entered, and advise him that if he persists in his guilty plea or plea of nolo contendere the disposition of the case may be less favorable to him than that contemplated by the plea agreement.
S.D. Codified Laws § 23A-7-11
(Rule 11(e)(4)) Advice to parties as to rejection of plea agreement--Withdrawal of plea by defendant
Applied in 9 court decisions — leading case State v. Guziak (2021)
Most recently applied in State v. Scott (May 2024)
Source: SL 1978, ch 178, § 102.
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.