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Section 33-10-216 - Execution of sentence when appeal waived or withdrawn — South Dakota Law | CourtGPT
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South Dakota Legal Code

Section 33-10-216 - Execution of sentence when appeal waived or withdrawn

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33-10-216. Execution of sentence when appeal waived or withdrawn.If the sentence of the court-martial extends to dismissal or a dishonorable or bad conduct discharge and if the right of the accused to appellate review is waived, or an appeal is withdrawn pursuant to §33-10-193 or 33-10-194, that part of the sentence extending to dismissal or a dishonorable or bad-conduct discharge may not be executed until review of the case by the senior force judge advocate and any action on that review pursuant to §33-10-201 is completed. Any other part of a court-martial sentence may be ordered executed by the convening authority or other person acting on the case pursuant to §33-10-187 when so approved under that section. Source: SL 2012, ch 175, §197.