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§ 33-10-215 Execution of sentence of dismissal or dishonorable or bad-conduct discharge when appeal not waived or withdrawn.

SD Codified L § 33-10-215 (2019) (N/A)
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33-10-215. Execution of sentence of dismissal or dishonorable or bad-conduct discharge when appeal not waived or withdrawn. If the sentence of the court-martial extends to dismissal or a dishonorable or bad-conduct discharge and if the right of the accused to appellate review is not waived, and an appeal is not withdrawn pursuant to § 33-10-193 or 33-10-194, that part of the sentence extending to dismissal or a dishonorable or bad-conduct discharge may not be executed until there is a final judgment as to the legality of the proceedings. A judgment as to the legality of the proceedings is final in such cases if review is completed by an appellate court prescribed in § 33-10-209, and is deemed final by the law of state where the judgment was had.

Source: SL 2012, ch 175, § 196.

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§ 33-10-216 Execution of sentence when appeal waived or withdrawn.