For the sole purposes of consideration of the sentence of a defendant for subsequent offenses or the determination of whether the defendant is an habitual offender under chapter 22-7, the fact of suspension of imposition of sentence under § 23A-27-13, whether or not discharge and dismissal have occurred, shall be considered a prior conviction.

Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In South Dakota Codified Laws 23A-27-15

  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:

Source: SDCL, § 23-57-4; SL 1977, ch 197; SL 1978, ch 178, § 345.