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STATE v. COUNTY OF LANCASTER

No. S-05-520.

721 N.W.2d 644 (2006)

272 Neb. 376

STATE of Nebraska, appellant, v. The COUNTY OF LANCASTER, appellee.

Supreme Court of Nebraska.

September 29, 2006.

Attorney(s) appearing for the Case

Jon Bruning, Attorney General, and Ronald L. Sanchez, Special Assistant Attorney General, for appellant.

Gary E. Lacey, Lancaster County Attorney, and Kristy Mundt for appellee.

WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

GERRARD, J.

Neb.Rev.Stat. § 29-1823(1) (Cum.Supp. 2004) authorizes a district court in a criminal proceeding, when it appears the defendant may be mentally incompetent to stand trial, to order a mental examination of the accused at county expense. The question presented in this appeal is whether, if the examination is performed by a state hospital, the cost of the examination can be billed directly to the county or...

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