22-7-10. Duty of law enforcement personnel to report knowledge of prior convictions. Whenever any jailer, warden, or prison, probation, parole, or law enforcement officer has knowledge that any person charged with a felony has been previously convicted within the meaning of this chapter, that person shall provide that information to the state’s attorney. Source: SDC […]
22-7-11. Habitual criminal information–Filing–Contents–Proof. Any allegation that a defendant is an habitual criminal shall be filed as a separate information at the time of, or before, arraignment. However, the court may, upon motion, permit the separate information to be filed after the arraignment, but no less than thirty days before the commencement of trial or […]
22-7-12. Defendant to receive copy of information–Contents kept from jury until conviction–Right to jury trial. The defendant shall be apprised of the contents of the habitual offender information and shall receive a copy of it. The habitual offender information may not be divulged to the jury in any manner unless and until the defendant has […]
22-7-7. One or two prior felony convictions–Sentence increased–Limitation–Felony determination. If a defendant has been convicted of one or two prior felonies under the laws of this state or any other state or the United States, in addition to the principal felony, the sentence for the principal felony shall be enhanced by changing the class of […]
22-7-8. Three or more additional felony convictions including one or more crimes of violence–Enhancement of sentence. If a defendant has been convicted of three or more felonies in addition to the principal felony and one or more of the prior felony convictions was for a crime of violence as defined in subdivision 22-1-2(9), the sentence […]
22-7-8.1. Three or more additional felony convictions not including a crime of violence–Enhancement of sentence–Limitation–Parole. If a defendant has been convicted of three or more felonies in addition to the principal felony and none of the prior felony convictions was for a crime of violence as defined in subdivision §22-1-2(9), the sentence for the principal […]
22-7-9. Criteria for consideration of prior convictions. No prior conviction may be considered under either §22-7-7 or 22-7-8 unless the defendant was, on such prior conviction, discharged from prison, jail, probation, or parole within fifteen years of the date of the commission of the principal offense. Moreover, only one prior conviction arising from the same […]
