State v. Amato

Janice Amato appeals from the provision of a judgment of conviction which requires her to repay one-half of the cost of a special prosecutor. We conclude that the trial court was without statutory authority to impose this requirement either as a condition of probation or as an item of costs. We modify the judgment to eliminate the offending provision and affirm the judgment as modified.

Following a jury trial, Amato was found guilty of misdemeanor theft pursuant to sec. 943.20(1) (a) and (3) (a), Stats., and receipt of stolen property pursuant to sec. 943.34(1), Stats. The judgment of…