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STATE v. NELSON

No. 22818.

672 N.W.2d 684 (2003)

2003 SD 140

STATE of South Dakota, Plaintiff and Appellee, v. Michael J. NELSON, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 3, 2003.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Ann C. Meyer, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Jeremiah J. Davis, Office of the Public Defender for Pennington County, Rapid City, South Dakota, Attorney for defendant and appellant.

MEIERHENRY, Justice.

[¶ 1.] This appeal involves the amount of restitution the trial court ordered as part of Michael Nelson's sentence. The State concedes that the trial court erred in its calculation of restitution and that the case should be remanded for the trial court to correct the amount. There is no disagreement between the parties that the correct amount of restitution should be $7,500.

Facts

[¶ 2.] The State's initial complaint...

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