State v. Geary

PREWITT, Judge.

Following jury trial defendants were convicted of unlawful use of a weapon in violation of § 571.030.1(4), RSMo 1986 (since amended, see § 571.030, RSMo Supp.1993). Defendants appeal, from the sentence and judgment of November 3, 1993, assessing a fine and court costs. They present six points relied on in a joint brief.

For their first point defendants contend that the trial court erred by assessing the fees of the special prosecuting attorney as costs against defendants. Defendants assert that the fees of the special prosecuting attorney are not statutorily deemed criminal…