South Dakota Codified Laws 23A-7-14. (Rule 11(f)) Factual basis required before acceptance of plea other than nolo contendere
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The court shall defer acceptance of any plea except a plea of nolo contendere until it is satisfied that there is a factual basis for the offense charged or to which the defendant pleads.
Terms Used In South Dakota Codified Laws 23A-7-14
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
Source: SL 1978, ch 178, § 105; SL 1980, ch 179, § 2.