Cases | State v. Hurst, 507 N.W.2d 918 (S.D. 1993) | 2018

The defendants were convicted of conspiracy to commit theft by deception and theft by deception. On appeal, the defendants claimed that the trial court erred by recommending to the board of pardons and paroles that they each pay restitution to the State as part of a parole plan for their convictions. The supreme court declined to reach the issue of whether the State was a victim entitled to restitution. The trial court only suggested that the defendants pay restitution to the State, and the board of pardons and paroles is not required to follow the suggestion of the trial court in determining parole.