State v. Neave

The issue in this case is whether the cost of the State Crime Laboratory's analysis of a controlled substance may be imposed as a condition of probation. Because § 973.06(1), Stats., does not recognize such expenditure as an allowable taxable cost, we reverse the trial court's postconviction order which rejected Xavier R. Neave's challenge to the condition of probation. We vacate the challenged portion of the judgment.

The facts relevant to the issue on appeal are straightforward. On February 11, 1997, Neave pled guilty to two counts of delivery of cocaine contrary to § 961.41(l)(cm), Stats.…