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STATE v. RUTTMAN

No. 20508.

598 N.W.2d 910 (1999)

1999 SD 112

STATE of South Dakota, Plaintiff and Appellee, v. Elmer a/k/a "Bud" RUTTMAN, d/b/a D & E Cafe, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 18, 1999.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, David D. Wiest, Assistant Attorney General, Attorneys for plaintiff and appellee.

Al Arendt of Maher and Arendt, Pierre, South Dakota, Attorneys for defendant and appellant.

BASTIAN, Circuit Judge.

[¶ 1.] After a sentence and restitution hearing which followed pleas of nolo contendere to twelve counts of sales tax evasion, Elmer (Bud) Ruttman (Ruttman) was ordered to pay $184,345.88 in restitution to the State of South Dakota and the City of Pierre. He was also ordered to pay $11,000 for the costs of prosecution, court costs, and a $1,000 fine on each count. Ruttman appeals the restitution order. He asks this Court to reverse the...

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