1077ra

    On the printed bill, delete everything after the enacting clause and insert:

    "    Section 1. That chapter 21-27 be amended by adding thereto a NEW SECTION to read as follows:

    If the court finds that an applicant was denied the right to an appeal from an original conviction in violation of the Constitution of the United States or the Constitution of South Dakota, the court shall vacate and set the judgment aside if such relief is requested within a reasonable time and an adequate record of the original trial proceeding is available for review. The court shall impose the same sentence and advise the applicant of the following:

            (1)    The rights associated with an appeal from a criminal conviction; and

            (2)    The time for filing a notice of appeal from the reimposed sentence."