State v. Ryyth

[¶ 19.] Ryyth was ordered to pay extradition costs in the amount of $1,175.00 to Pennington County. The majority opinion correctly determines that the County cannot recover these costs under the victim restitution statute. See State v. Sprecher, 2000 SD 17, 606 N.W.2d 138 (stating a county is not a proper party to recover under the victim restitution statute).

[¶ 20.] However, the majority opinion attempts to justify these extradition costs as costs of prosecution under SDCL 23A-27-26:

*294In all criminal actions, upon conviction of the defendant, the court may adjudge that the defendant pay the…