¶1(concurring in result).
¶2[¶ 21.] I agree with the Court that there was sufficient evidence presented at trial to support a conviction for theft by deception in this case. However, I part company with the Court in its attempts to distinguish State v. Jackson, 2009 S.D. 29, 765 N.W.2d 541, and State v. Morse, 2008 S.D. 66, 753 N.W.2d 915. Those cases are indistinguishable from this case and for the reasons stated in my dissent in those cases, both should have been affirmed.