In any criminal case brought pursuant to the provisions of § 32-23-3, 32-23-4, 32-23-4.6, or 32-23-4.7, whether brought by information or indictment, a separate supporting information shall allege, in addition to the principal offense charged, any former convictions. If the information is in two separate parts, each part shall be signed by the prosecutor. In the first part the particular offense with which the accused is charged shall be set out, and in the other part any former convictions shall be alleged.
S.D. Codified Laws § 32-23-4.2
Separate allegation of former conviction
Applied in 5 court decisions — leading case State v. Escalante (1990)
Most recently applied in State v. Rus (March 2021)
Source: SL 1979, ch 159, § 4A; SL 1989, ch 273, § 3; SL 1994, ch 261, § 2; SL 2003, ch 172, § 1; SL 2010, ch 166, § 1.
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.