{"data":{"id":"us-sd/sdcl-23a-31-1","jurisdiction":"us-sd","citation":"SDCL § 23A-31-1","heading":"(Rule 35) Correction or reduction of sentence--Time permitted--Post-conviction remedies unimpaired.","body":"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:\n(1) Within two years after the sentence is imposed;\n(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\n(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;\nwhichever 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.\nSource: SL 1978, ch 178, § 384; SL 2005, ch 127, § 2.","path":["TITLE 23A. CRIMINAL PROCEDURE","CHAPTER 23A-31. CORRECTION OF PROCEEDINGS"],"source_url":"https://sdlegislature.gov/Statutes/23A-31-1","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:56Z","sha256":"3d0b3445150b02de15a42b77a48ad22cbb6cd848e3c1a98fe9e7d532a358c0fa","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-23a-30-3","next":"us-sd/sdcl-23a-31-2"},"notice":"GroundRules: Original legal text. Not legal advice."}