2013 South Dakota Codified Laws
Title 23A - CRIMINAL PROCEDURE
Chapter 31 - Correction Of Proceedings
§ 23A-31-1 (Rule 35) Correction or reduction of sentence--Time permitted--Post-convictionremedies unimpaired.
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.
Source: SL 1978, ch 178, § 384; SL 2005, ch 127, § 2.
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