State v. Nickel

NEUBAUER, EJ.

¶ 1. Raymond Allen Nickel appeals pro se from a trial court order denying his motion to eliminate or waive the DNA surcharge imposed by the court at the time of his 2002 sentencing. In State v. Cherry, 2008 WI App 80, ¶¶ 9-11, 312 Wis. 2d 203, 752 N.W.2d 393, we held that a trial court is required to demonstrate on the record a proper exercise of discretion when imposing a DNA surcharge pursuant to Wis. Stat. § 973.046(lg) (2007-08).1 Citing our decision in Cherry, Nickel filed a motion requesting the elimination of the DNA surcharge as a condition of his 2002 sentence. Nickel…