State v. Ryyth

[¶ 1.] Richard Ryyth appeals from a judgment ordering his payment of extradition costs in the amount of $1,175.00 to Pennington County. Ryyth claims County is not a “victim” under the victim restitution statute, SDCL 23A-28-2(5), and therefore cannot recover these costs from him. We affirm, and hold these costs are recoverable as costs of prosecution pursuant to SDCL 23A-27-26.

FACTS AND PROCEDURE

[¶ 2.] In 1996, Ryyth pled guilty to his fourth DUI offense in Pennington County and was sentenced to thirty months in the state penitentiary, suspended, with driving privileges revoked for one year…