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STATE v. AMATO

No. 85-0591-CR.

126 Wis.2d 212 (1985)

375 N.W.2d 75

STATE of Wisconsin, Plaintiff-Respondent, v. Janice AMATO, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided September 18, 1985.

Attorney(s) appearing for the Case

For the defendant-appellant, the cause was submitted on the briefs of Ellen Pearlman, assistant state public defender.

For the plaintiff-respondent, the cause was submitted on the brief of John O. Olson, district attorney pro tem, of Braden & Olson of Lake Geneva.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

NETTESHEIM, J.

Janice Amato appeals from the provision of a judgment of conviction which requires her to repay one-half of the cost of a special prosecutor.1 We conclude that the trial court was without statutory authority to impose this requirement either as a condition of probation or as an item of costs. We modify the judgment to eliminate the offending provision and affirm the judgment as modified.

Following a jury trial, Amato...

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