Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm, instead, so much of the finding as includes a lesser included offense.
S.D. Codified Laws § 33-10-180
Lesser included offense
Known as the Uniform State Code
The act spans §§ 33-10-1 to 33-10-99 (287 sections).
Source: SL 2012, ch 175, § 161.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.