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Sentencing — DNA surcharge — jail surcharge

Wisconsin Court of Appeals

Criminal

Sentencing — DNA surcharge — jail surcharge

Wayne Wayka appeals a judgment convicting him of burglary and an order denying his motion to vacate the $250 DNA surcharge and a ten-dollar jail surcharge. The postconviction motion argued that the court failed to give a valid reason for imposing the DNA surcharge and that the jail surcharge under Wis. Stat. § 302.46(1) (2009-10), can only be levied if the court imposes a fine. The circuit court denied the motion as untimely. The State concedes that the motion was timely filed under Wis. Stat. Rule 809.30, but argues an alternative basis for affirming the order as to the DNA surcharge. This opinion will not be published.

2011AP1554-CR State v. Wayka

Dist III, Shawano County, Habeck, J., Per Curiam

Attorneys: For Appellant: LaZotte, Paul G., Madison; For Respondent: White, Catharine D., Shawano; Parker, Gregory A., Shawano; Remington, Christine A., Madison


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