Cases | State v. Scholten, 445 N.W.2d 30 (S.D. 1989) | 2018
The defendant was convicted of aggravated assault and ordered to confess a judgment of the entire amount of the victim’s medical, dental, and out-of-pocket expenses as a condition of suspended sentence. The defendant appealed. The court reversed and remanded on the sentencing issue regarding entry or confession of judgment as a means of making restitution. The condition undercut the comprehensive restitution scheme constructed by the state legislature to contain essential due process protection. Restitution in conjunction with a suspended sentence is directly addressed in S.D. Codified Laws § 23A-28-3, and any victim of a criminal defendant dissatisfied with court-ordered restitution has a civil remedy under S.D. Codified Laws § 23A-28-6. The case crossed the boundary between civil judgment and criminal restitution contained in the restitution scheme.