S.D. Codified Laws ch. 23A-7 – Arraignment and Pleas | Midpage

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South Dakota Codified Laws

Chapter 23A-7

S.D. Codified Laws ch. 23A-7

Arraignment and Pleas

23A-7-1(Rule 10) Arraignment in open court--Procedure--Verification or correction of name--Copy given to defendant.23A-7-2(Rule 11(a)) Pleas permitted to defendant--Requirements for plea of guilty or nolo contendere.23A-7-3(Rule 11(b)) Consent required for nolo contendere plea--Considerations by court.23A-7-4(Rule 11(c)) Advice as to rights to defendant pleading guilty or nolo contendere.23A-7-5(Rule 11(d)) Ascertainment of voluntary nature of guilty or nolo contendere plea--Pleading by attorney to misdemeanor--Imposition of sentence.23A-7-7Pleading to habitual offender information--Jury trial.23A-7-8(Rule 11(e)(1)) Plea bargaining permitted--Concessions by prosecutor permitted--Notice to victims.23A-7-8.1Victim's failure to comment--Effect.23A-7-9Disclosure of plea agreement and victims' comments to court--Acceptance or rejection--Report by prosecuting attorney.23A-7-10(Rule 11(e)(3)) Advice to defendant as to acceptance of plea agreement.23A-7-11(Rule 11(e)(4)) Advice to parties as to rejection of plea agreement--Withdrawal of plea by defendant.23A-7-12(Rule 11(e)(5)) Time of notification to court of plea agreement.23A-7-13(Rule 11(e)(6)) Evidence of guilty or nolo contendere plea inadmissible after withdrawal--Exception in perjury prosecutions.23A-7-14(Rule 11(f)) Factual basis required before acceptance of plea other than nolo contendere.23A-7-15(Rule 11(g)) Record of proceedings at which plea entered--Contents.23A-7-16Guilty but mentally ill plea--Prerequisites to acceptance.