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STATE v. FRYER

No. 17813.

496 N.W.2d 54 (1993)

STATE of South Dakota, Plaintiff and Appellee, v. Bryan FRYER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided February 17, 1993.

Attorney(s) appearing for the Case

Mark Barnett, Atty. Gen., Charles D. McGuigan, Asst. Atty. Gen., Pierre, for plaintiff and appellee.

David R. Wurm, Wurm and Hood, Rapid City, for defendant and appellant.

HENDERSON, Justice.

Bryan Fryer appeals a judgment of conviction for aggravated assault which requires him to pay $18,336.90 in restitution to an insurance company. Based upon our state statutes and decisional law in this state, we reverse the trial court's restitution order.

FACTS

Fryer carried a gun while he participated in a drug deal. A disagreement broke out during the drug deal and Fryer pulled his gun and shot Russell Finch several times....

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