99-1734-CR State v. Dismuke

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Defendant was on parole when he was charged with armed robbery and possession of a firearm by a felon. His parole was revoked, and he was sent to prison to begin serving the remainder of his sentence on the parole offense while awaiting trial on the two new crimes.

During the intervening 19 months, defendant was repeatedly transported by Milwaukee County sheriff’s deputies from prison in Waupun to the Milwaukee County jail on orders to produce for various court appearances. He was eventually convicted and sentenced to prison, and the circuit court imposed costs of $957.20; mostly attributable to sheriff’s department costs for executing the orders to produce.

Defendant argues that the expenses associated with executing the orders to produce were not taxable against him under Wis. Stat. sec. 973.06(1)(a). The court of appeals concluded that the expenses associated with executing the orders to produce were “fees of officers allowed by law” under Wis. Stat. sec. 973.06(1)(a), because they were collectible as “sheriff’s fees” for service of process under Wis. Stat. sec. 814.70(1) and (4).

The record in this case contains conflicting information and no evidence about whether the expenses associated with executing orders to produce are generally “charged to and payable by another,” or are merely internal operating expenses of the Milwaukee County Sheriff’s Department.

In short, whether the expenses associated with the orders to produce are “fees of officers allowed by law” within the meaning of Wis. Stat. sec. 973.06(1)(a) and Ferguson, and whether they are collectible as “sheriff’s fees” for service of process and travel under Wis. Stat. sec. 814.70(1) and (4), cannot be determined from this record.

Defendant also raised a constitutional challenge to the taxation of these costs, but no record has been established on that issue, and we cannot resolve it.

Reversed and remanded.

Review of a Decision of the Court of Appeals, Sykes, J.

Attorneys:

For Appellant: Richard D. Martin, Madison

For Respondent: David J. Becker, James E. Doyle, Madison