(concurring specially).
[¶ 13.] I agree with the trial court and the majority that the county cannot be considered a “victim” under SDCL ch. 23A-28. I write specially to point out that a remedy did exist to attempt to obtain some reimbursement to Beadle County for the funds it expended in remedying this terrible nuisance on behalf of its citizens. Specifically, the trial judge had an opportunity to make payment of restitution a condition of a suspended sentence.
[¶ 14.] Defendant was convicted of a Class 2 misdemeanor (SDCL 21-10-1(1) and 22-36-1) carrying a maximum 'sentence of 30 days in jail and a $200 fine. The judge imposed the maximum fine, but no jail sentence. (In fact, the record contains a letter from the Beadle County States Attorney stating that jail time was not being requested, but asking that “jail time be suspended on the condition that the Defendant make restitution in the amount stated above.” Attached to the letter was an itemized statement documenting that the amount was reasonable and not excessive.) Had he been so disposed, the judge could have imposed a jail sentence and suspended it (and some or all of the fine) on the condition that defendant make restitution to the county. See SDCL 23A-27-13 and 18; White Eagle v. State, 280 N.W.2d 659 (S.D.1979); State v. Long, 85 S.D. 431, 185 N.W.2d 472 (1971); Heffner v. Leapley, 520 N.W.2d 252 (S.D.1994); State v. Ripperger, 284 N.W.2d 877 (S.D. 1979); State v. Pettis, 333 N.W.2d 717 (S.D.1983); and State v. Gillespie, 445 N.W.2d 661 (S.D.1989).
[¶ 15.] I must be clear that I am not being critical of the trial judge. The facts presented to him, coupled with the knowledge that the offense was merely a Class 2 misdemeanor, may have influenced the outcome. I write merely to reiterate that there are alternatives available to obtain payment of restitution for those who do not come within the specific definition of “victim” established by the legislature.