State v. Simonis

¶ 1. The sole issue on appeal is whether the circuit court properly exercised its discretion in ordering Jaredt Simonis to pay the DNA analysis surcharge pursuant to Wis. Stat. § 973.046(lg) (2009-10).1 Simonis contends the circuit court did not properly exercise its discretion because the court's rationale was based on an impermissible consideration: the court's assessment that Simonis might in the future commit a crime that would generate costs for DNA analysis. We conclude that § 973.046(lg) does not authorize the circuit court to impose a DNA analysis surcharge for this reason. Instead,…