S.D. Codified Laws § 23A-32-5

Current through the 2024 Legislative Session

Section 23A-32-5 - Appeal by prosecution-Suppression order-Dismissal of complaint-Procedure-Double jeopardy

An appeal by a prosecuting attorney may be taken to the Supreme Court from:

(1) An order of a circuit court or a magistrate suppressing or excluding evidence or requiring the return of seized property in a criminal proceeding;

(2) An order of a circuit court or a magistrate sustaining a motion to dismiss a complaint on statutory grounds or otherwise.

An appeal under this section may not be taken after a defendant has been put in risk of double jeopardy and is not a matter of right but of sound judicial discretion. Appeals from such orders shall be taken in the same manner as intermediate appeals in subdivision § 15-26A-3(6). No appeal taken under this section shall delay any trial unless a stay be granted in the discretion of the Supreme Court.

SDCL 23A-32-5

SL 1978, ch 178, § 403; SL 1979, ch 159, § 24; SL 2021, ch 111, §2.

Amended by S.L. 2021, ch. 111,s. 2, eff. 7/1/2021.