On a finding of guilty on the first part of the information described in § 32-23-4.2 a plea shall be taken and, if necessary, an election made on the second part and a trial thereon proceeded with, and until such time no information as to the second part of the information may be divulged to the jury. If the accused elects a jury trial in the second part of the information, such trial may be had to the same or another jury as the court may direct.
S.D. Codified Laws § 32-23-4.4
Separate trial on charge of former conviction
Applied in 3 court decisions — leading case State v. Bartlett (1987)
Most recently applied in State v. Rus (March 2021)
Source: SL 1979, ch 159, § 4C; SL 2006, ch 168, § 9.
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.