South Dakota Codified Laws 22-42-2.5. Findings required for sentence imposed without regard to statutory minimum sentence
For any offense under § 22-42-4.3 or § 22-42-2 where the opium derivative or opiate is listed as Schedule I or Schedule II under chapter 34-20B, the court shall impose a sentence without regard to any statutory minimum sentence, only if the court makes written findings that:
(1) The defendant does not have a prior conviction for a crime of violence as defined under subdivision 22-1-2(9);
Terms Used In South Dakota Codified Laws 22-42-2.5
- 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.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
(2) The defendant did not use violence or any credible threat of violence or possess a firearm or other dangerous weapon in connection with the offense;
(3) The defendant did not induce another participant to use violence or any credible threat of violence or possess a firearm or other dangerous weapon in connection with the offense;
(4) The defendant was not an organizer, leader, manager, or supervisor of any other participant in connection with the offense;
(5) The defendant truthfully provided to the state any information and evidence in connection with any offense that was part of the same course of conduct or of a common scheme or plan. The defendant shall provide any information before the time of sentencing, but if the defendant provides no relevant or useful information or if the state was previously aware of the information, the court may determine that the defendant has complied with the finding under this subdivision; and
(6) The offense did not result in death or serious bodily injury to any person.
Source: SL 2018, ch 137, § 2.