(specially concurring).
I specially concur for exactly the same reasons I set forth in my special concurrence in State v. Olson, 334 N.W.2d 49, 50 (S.D.1983) (Henderson, J., specially concurring), wherein I stated: “A trial court cannot deprive an accused of a jury trial and substitute itself as a finder of fact. See United States v. Martin Linen Supply Co., 430 U.S. 564, 572-73, 97 S.Ct. 1349, 1355, 51 L.Ed.2d 642, 652 (1977).”