State v. Welkos

The defendant contends that the circuit court acted illegally in imposing as a condition of the defendant’s probation the terms that he pay, as costs of prosecution, the attorney’s fees of the special prosecutor, and the cost to the county of the audit made by the state of the defendant’s records as justice of the peace. No claim is made that the defendant does not possess the financial means to pay such expenses. The controlling statute is sec. 57.01 (1), Stats., which reads in part as follows:

“When a person is convicted of a felony (convictions under sec. 52.05 excepted) and it appears to…