State v. Henjum, 542 N.W.2d 760 (S.D. 1996)

Cases | State v. Henjum, 542 N.W.2d 760 (S.D. 1996) | 2018

The defendant shot the victim and was convicted of manslaughter in the first degree. The defendant was ordered to pay restitution to the victim’s parents for funeral and counseling expenses, in addition to counseling for persons who witnessed the shooting. On appeal, the defendant claimed that the trial court committed plain error in ordering restitution because it failed to advise him of the possibility of restitution and the State did not advise him that it would request restitution in the plea agreement. The court affirmed the restitution order. The defendant had ample opportunity to object at sentencing and in the motion for reconsideration. Failure to object constituted waiver of the issue, and the order did not rise to the level of plain error.