MADISON, Wis. (AP) — A Wisconsin appeals court has ruled that a DNA surcharge applied to a convicted felon was too high because it was based on a law that was not in effect at the time he committed his crimes.
The 4th District Court of Appeals ruled Thursday that Gregory Radaj should have been charged $250 rather than $1,000 after being convicted of four felonies. He committed the crimes in 2013 before the law took effect in January 2014, but he was sentenced in March 2014.
Radaj argued that his punishment was unconstitutional since he committed the crimes before the higher surcharge took effect in 2014.
The appeals court ordered that the law in place at the time of his convictions allowing for a $250 DNA surcharge be applied by the circuit court.