Public-domain · open source
OpenJurist

S.D. Codified Laws § 33-10-191

Matters considered at proceeding in revision

Known as the Uniform State Code

The act spans §§ 33-10-1 to 33-10-99 (287 sections).

Source: SL 2012, ch 175, § 172.

A proceeding in revision may be ordered if there is an apparent error or omission in the record or if the record shows improper or inconsistent action by a court-martial with respect to the findings or sentence that can be rectified without material prejudice to the substantial rights of the accused. In no case, however, may a proceeding in revision:

(1) Reconsider a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty;

(2) Reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some section of this code; or

(3) Increase the severity of the sentence unless the sentence prescribed for the offense is mandatory.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.