(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 appellate court construes/considers the provisions within a statute, all of those provisions must be given effect, if possible. Crisp v. Schultis, 507 N.W.2d 567, 568 (S.D.1993); State v. Lodermeier, 481 N.W.2d 614, 621 n. 3 (S.D.1992); State v. Heisinger, 252 N.W.2d 899, 903 (S.D.1977).
Hence, the reversal by this court should contain language that the case, by the trial court, be dismissed with prejudice and reversed and remanded to accomplish the language of the statute in question.