State v. Buchanan

Eldridge Buchanan appeals from the sentence imposed following his conviction for fourth-degree assault. The State originally charged Buchanan with second-degree rape, but that charge resulted in a hung jury and mistrial. The State then amended the charge to fourth-degree assault, and Buchanan pled guilty. As part of his sentence, Buchanan was ordered to pay court costs, including costs for the mistrial on the second-degree rape. He argues that the court abused its discretion and exceeded its authority in imposing costs for the mistrial because he was never convicted of the crime prosecuted in…