State v. Kordonowy

HENDERSON, Retired Justice

(specially concurring).

Although the text of the majority opinion is founded upon fact and law, a reversal in and of itself is statutorily wrong.

A reversal must be “... a dismissal with prejudice of the offense charged and any other offense required by law to be joined with the offense charged.” SDCL 23A-44-5.1(5). A general rule of law is that all courts of a state must judicially recognize and apply the statutes of the state. State v. Myers, 411 N.W.2d 402 (S.D.1987); In re Gibbs, 51 S.D. 464, 214 N.W. 850 (1927).

Further, it is a fundamental rule of law that when an…