A rehearing may be ordered by the convening authority or other person taking action pursuant to this code if that person disapproves the findings and sentence and states the reasons for disapproval of the findings. If such person disapproves the findings and sentence and does not order a rehearing, that person shall dismiss the charges. A rehearing as to the findings may not be ordered where there is a lack of sufficient evidence in the record to support the findings. A rehearing as to the sentence may be ordered if the convening authority or other person taking action under this section disapproves the sentence.
S.D. Codified Laws § 33-10-192
Matters considered at rehearing--Dismissal without rehearing
Known as the Uniform State Code
The act spans §§ 33-10-1 to 33-10-99 (287 sections).
Source: SL 2012, ch 175, § 173.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.