Cases | State v. Garnett, 488 N.W.2d 695 (S.D. 1992) | 2018
The defendant and his companions burglarized stores. The defendant was convicted of burglary and ordered to pay restitution to the stores for damage and lost business, in addition to the county for overtime paid to officers called to apprehend defendant and his companions. On appeal, the defendant claimed that: (1) his companion was responsible for the lost business because he remained hidden in the store for several hours after the defendant surrendered; and (2) the defendant could not be ordered to pay overtime for the police officers. The court held that: (1) the trial court did not err in ordering defendant to make restitution for damage and lost business. The defendant did not offer the trial court any evidence to prove that the stores would have lost less business but for the companion’s delay in surrendering, and did not dispute the amount of damage and lost business when he had the opportunity; and (2) the trial court had no authority to require the defendant to repay overtime expenses as either “restitution” or a “prosecution cost.” The defendant did not commit any crime where the county was the “victim,” and governmental costs are expressly excluded from the prosecution costs that a convicted criminal may be ordered to repay.