State v. Olson-Lame

Summary

The Supreme Court of South Dakota affirmed a sentence requiring Marjorie Olson-Lame to reimburse Pennington County for $1,175 in extradition costs. The court held that the costs were not properly imposed as restitution because the county was not a statutory crime victim, but they were recoverable as costs of prosecution under SDCL 23A-27-26; a concurrence would have affirmed solely because Olson-Lame agreed to pay them in her plea bargain.

Holdings

1. Pennington County was not a statutory victim entitled to restitution for extradition costs, because a county does not fall within the statutory definition of a victim of the defendant's criminal activity.
2. Extradition costs incurred to return a defendant to South Dakota for prosecution are recoverable as costs of that prosecution under SDCL 23A-27-26.
3. The award of $1,175 to Pennington County was affirmed because, although improper as restitution, it was permissible as prosecution costs.

Questions Presented

1. Whether the trial court could order Olson-Lame to pay Pennington County's extradition costs as restitution.
2. Whether the extradition costs were recoverable as costs of prosecution under SDCL 23A-27-26.
3. Whether Olson-Lame's failure to object below and agreement in the plea bargain independently supported the award.

Disposition

affirmed