Upon the receipt of the petitioner’s written motion filed under § 23-5B-1, the court shall:

(1) Notify the attorney general and the state’s attorney who prosecuted the case resulting in the petitioner’s conviction; and

Terms Used In South Dakota Codified Laws 23-5B-2

  • Conviction: A judgement of guilt against a criminal defendant.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2

(2) Allow the state twenty days from the receipt of notice to respond to the motion.

Source: SL 2009, ch 120, § 2.