State v. Peterson

WALTERS, Chief Judge.

This case presents the question whether a defendant, who is successful as the prevailing party on appeal in a criminal action, is entitled to a recovery against the state of costs incurred in the appeal. Answering the question in the negative, we uphold the order of the district court denying the recovery of such costs.

The case comes to us with the following background. Patricia Peterson was found guilty, by a jury in the magistrate division, of driving while under the influence. She appealed to the district court; the conviction was set aside and the case was remanded…