What is a suspended execution of sentence, commonly referred to as 'suspended ex?'
A suspended execution of sentence is a term that is used to describe a situation where a person that has pled guilty to or been convicted of a felony offense has the execution of any potential penitentiary time suspended by the sentencing judge contingent upon the defendant complying with a number of sentence or probation conditions. These conditions commonly include, but are not limited to, serving a period of time in the county jail, successfully completing a probationary period, having no violations of the law during the probationary period, random drug testing, and completion of counseling or treatment programs. If a person violates probation or any of the sentencing conditions, the State can file a motion to revoke the suspended sentence and request the judge to impose all or some of the penitentiary time that was suspended at the original sentencing. (See SDCL 23A-27-18.1).
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