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SCOW to decide whether “mandatory” DNA surcharges can be waived

State v. Michael L. Cox, 2016AP1745-CR, certification granted 10/17/17; case activity (including briefs)

Issue (from certification):

This case raises a single question: whether a sentencing court retains any discretion under Wis. Stat. § 973.046 (2015-16), to waive DNA surcharges for crimes committed after January 1, 2014.

With this certification grant the court now has three pending cases dealing with DNA surcharge issues, the other two being Odom and Williams. For more on the issue presented in Cox’s case, see our post on the certification.

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