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STATE v. HEYER

No. 91-1069.

174 Wis.2d 164 (1993)

496 N.W.2d 779

STATE of Wisconsin, Plaintiff-Respondent, v. Marvin HEYER, Defendant-Appellant, and Kenneth P. PETERSON, Appellant.

Court of Appeals of Wisconsin.

Decided January 28, 1993.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the brief of Kenneth P. Peterson of La Crosse.

For the plaintiff-respondent the cause was submitted on the brief of Rhonda J. Martinson, assistant district attorney for La Crosse County, of La Crosse.

Before Eich, C.J., Gartzke, P.J., and Dykman, J.

GARTZKE, P.J.

Marvin Heyer and his attorney, Kenneth Peterson, appeal from an order directing each to pay La Crosse County one-half of the state's trial expenses incurred before the court declared a mistrial in a criminal action against Heyer. Appellants contend that the court erred when it granted a mistrial, no statute authorizes a court to impose costs in a criminal case, the court lacks inherent power to impose such costs, the court erroneously exercised its discretion...

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