The authority pursuant to § 33-10-188 to modify the findings and sentence of a court-martial is a matter of command prerogative involving the sole discretion of the convening authority. If it is impractical for the convening authority to act, the convening authority shall forward the case to a person exercising general court-martial jurisdiction who may take action pursuant to § 33-10-187.
S.D. Codified Laws § 33-10-186
Authority to modify findings and sentence
Known as the Uniform State Code
The act spans §§ 33-10-1 to 33-10-99 (287 sections).
Source: SL 2012, ch 175, § 167.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.