South Dakota Code § 22-24A-42

Sentencing--Mitigating circumstances
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The sentencing court may impose a sentence other than that required by §§
22-24A-35
to
22-24A-37
, inclusive, if the court finds that mitigating circumstances exist that require a departure from the mandatory sentence imposed by §§
22-24A-35
to
22-24A-37
, inclusive. The court shall file, in writing, its finding of mitigating circumstances and the factual basis relied upon by the court.

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