State v. Alvarez

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The Supreme Court reversed the portion of the court of appeals’ decision holding that relevant statutes required that the district court impose certain expenses as “court costs” but affirmed the portion of the decision affirming the district court’s order taxing Appellant for those expenses as court costs, holding that the statutes here authorized the district court to tax appellant for the disputed expenses but did not mandate the imposition of the expenses.Appellant pleaded no contest to one count of second-degree murder. Thereafter, the State requested that the district court order Appellant to reimburse the State for witnesses expenses and trial exhibits. The district court ordered Appellant to pay all of the fees and expenses requested by the State. On appeal, Appellant argued that the district court had no authority to tax him for the trial exhibit expenses. The court of appeals affirmed. The Supreme Court held (1) the expenses the State incurred in preparing the trial exhibits were properly taxable as court costs; but (2) the court of appeals erred in concluding that the district court was mandated to assess these expenses against Appellant. View "State v. Alvarez" on Justia Law