(concurring in result).
[¶ 13.] I concur with the majority opinion that Olson-Lame is required to pay these costs of extradition to Pennington County. The reason for this is simple, she consented and agreed to pay these costs as part of her plea bargain agreement with the State. The majority opinion needlessly and erroneously proceeds to hold that these costs are recoverable nonetheless as costs of prosecution under SDCL 23A-27-26, and improperly bases the same on State v. Ryyth. .
[¶ 14.] No matter how many cases from foreign jurisdictions State v. Ryyth parades as authority, it cannot justify its errant interpretation of a clear statute enacted by the South Dakota Legislature. SDCL 23A-27-36 is a statute of exclusion. It states in relevant part “the costs shall not include items of governmental expense such as juror’s fees, bailiffs fees, salaries and expenses of special agents, and reporter’s per diem.” (emphasis added). The statement that these costs shall not include governmental expense followed by a list prefaced by “such as” is clearly demonstrative of prohibited costs, not included costs. The majority opinion instead erroneously views that list as all-inclusive. Extradition costs are clearly “salaries and expenses of special agents.” Whatever happened to plain meaning?
[¶ 15.] What is the real difference between the specifically excluded items and costs of extradition? None. I submit this question has not been answered by the majority opinion, and if the only authority for the majority opinion’s holding is State v. Ryyth, it seems it never will. Interestingly, if it were not for the new found rationale incorrectly based on State v. Ryyth, all of the majority opinion’s citations to the cases decided under the restitution statute are contrary to its holding here. Perhaps this is notice to the South Dakota Legislature that plain meaning does not mean plain meaning any more.
[¶ 16.] For the reasons stated herein and my dissent in State v. Ryyth, I concur in result only based on Olson-Lame’s agreement and consent to pay these costs.