State v. Hudson

OPINION

SUTIN, J.

{1} Having successfully challenged her speeding conviction, Defendant now seeks to recover the costs of her appeal. We conclude that, because there is no statutory provision for recovery of costs against the State in a criminal proceeding, Defendant is not entitled to her costs.

{2} Defendant was convicted in magistrate court of speeding and appealed that conviction to district court. The officer who issued the speeding citation and who prosecuted the case in magistrate court represented the State in district court. Holding that the officer had no authority to prosecute the…