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POLK COUNTY v. STATE PUBLIC DEFENDER

No. 93-0065.

179 Wis.2d 312 (1993)

507 N.W.2d 576

IN the MATTER OF the PAYMENT OF WITNESS FEES IN STATE v. Bruce BRENIZER, POLK COUNTY CASE No. 92 CF 45: POLK COUNTY, Appellant, v. STATE PUBLIC DEFENDER, Respondent.

Court of Appeals of Wisconsin.

Decided September 14, 1993.

Attorney(s) appearing for the Case

On behalf of appellant, the cause was submitted on the brief of Joseph P. Guidote, Jr., Polk County corporation counsel, of Balsam Lake.

On behalf of respondent, the cause was submitted on the brief of Mark Lukoff, assistant state public defender, of Milwaukee.

On behalf of Wisconsin Counties Association, an amicus brief was filed by Robert Horowitz of Stafford, Rosenbau, Rieser & Hansen of Madison.

Before Cane, P.J., LaRocque and Myse, JJ.

LaROCQUE, J.

Polk County appeals a trial court order appointing defense experts at county expense in the trial of Bruce Brenizer. The county argues that sec. 977.05, Stats., requires experts be paid by the state public defender (SPD), and that the trial court erred as a matter of law by ordering it to pay for Brenizer's experts. Because we agree with the county, we reverse and remand for entry of an order directing payment through the office of the SPD.

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