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STATE v. RYYTH

No. 21537.

626 N.W.2d 290 (2001)

2001 SD 50

STATE of South Dakota, Plaintiff and Appellee, v. Richard RYYTH, Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 18, 2001.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, John M. Strohman, Assistant Attorney General, Pierre, SD, Attorneys for plaintiff and appellee.

Gustav K. Johnson, Rapid City, SD, Attorney for defendant and appellant.

GILBERTSON, Justice

[¶ 1.] Richard Ryyth appeals from a judgment ordering his payment of extradition costs in the amount of $1,175.00 to Pennington County. Ryyth claims County is not a "victim" under the victim restitution statute, SDCL 23A-28-2(5), and therefore cannot recover these costs from him. We affirm, and hold these costs are recoverable as costs of prosecution pursuant to SDCL 23A-27-26.

FACTS AND PROCEDURE

[¶ 2.] In 1996, Ryyth...

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