State v. No Neck, 458 N.W.2d 364 (S.D. 1990)

Cases | State v. No Neck, 458 N.W.2d 364 (S.D. 1990) | 2018

The defendant was convicted of third degree burglary. The court ordered the defendant to pay restitution to the victim and to the county for jurors’ fees and mileage. On appeal, the defendant claimed that the trial court lacked authority to order restitution to the county for jurors’ fees and mileage. The court reversed the order of restitution. Though the trial court clearly had authority to require restitution to the victim, the defendant did not commit any crime in which the county was the “victim.” Jurors’ fees, as items of governmental expense, are expressly excluded from the “prosecution costs” that a defendant may be ordered to pay.