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STATE v. CETNAROWSKI

No. 91-1091.

166 Wis.2d 700 (1992)

480 N.W.2d 790

STATE of Wisconsin, Plaintiff-Respondent, v. Brian CETNAROWSKI, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided January 7, 1992.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of William J. Tyroler, assistant state public defender, of Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the briefs of James E. Doyle, attorney general, and Marguerite M. Moeller, assistant attorney general.

Before Moser, P.J., Sullivan and Fine, JJ.

SULLIVAN, J.

Brian Cetnarowski (Brian) appeals from an order denying his motion for return of bail money posted by his grandmother. The trial court's judgment of conviction ordered that the cash bail, less the statutory amount for victim/witness surcharges, be applied toward restitution in the interest of equity. There is no authority for such a use of cash bail funds. Accordingly, we reverse.

I.

On March 27, 1990, Brian entered a guilty plea to...

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