S.D. Codified Laws § 23A-31-1

Current through the 2024 Legislative Session

Section 23A-31-1 - (Rule 35) Correction or reduction of sentence-Time permitted-Post-conviction remedies unimpaired

A court may correct an illegal sentence at any time and may correct a sentence imposed in an illegal manner within the time provided in this section for the reduction of sentence. A court may reduce a sentence:

(1) Within two years after the sentence is imposed;

(2) Within one hundred twenty days after receipt by the court of a remittitur issued upon affirmance of the judgment or dismissal of the appeal; or

(3) Within one hundred twenty days after entry of any order or judgment of the Supreme Court denying review of, or having the effect of upholding, a judgment of conviction;

whichever is later. A court may also reduce a sentence upon revocation of probation or suspension of sentence as provided by law. The remedies provided by this section are not a substitute for nor do they affect any remedies incident to post-conviction proceedings.

SDCL 23A-31-1

SL 1978, ch 178, § 384; SL 2005, ch 127, §2.