may not be cited except as provided by
Minn. Stat. § 480A.08, subd. 3 (1998).
STATE OF MINNESOTA
IN COURT OF APPEALS
State of Minnesota,
Michael Patrick Morin,
Filed January 19, 1999
Reversed and remanded
Koochiching County District Court
File No. KX96620
David C. Johnson, Koochiching County Attorney, Koochiching County Courthouse, 715 Fourth Street, International Falls, MN 56649 (for respondent)
John M. Stuart, State Public Defender, Scott G. Swanson, Assistant State Public Defender, 2829 University Avenue S.E., Suite 600, Minneapolis, MN 55414 (for appellant)
Considered and decided by Short, Presiding Judge, Randall, Judge, and Holtan, Judge.
This appeal challenges a district court's order imposing restitution for transportation costs based on removal of a judge. We reverse and remand.
Morin then appeared before the judge who had sentenced him on the 1996 offense for his probation violation. That judge executed the previously stayed sentence and ordered that Morin serve it concurrently with his other sentence. The judge also imposed $575 in restitution on Morin under Minn. Stat. § 631.48 (1996) for the cost of transporting him from International Falls to Roseau. Morin appeals from the imposition of restitution for the transportation costs.
Morin had a right to remove the judge from the new charges. Minn. R. Crim. P. 26.03, subd. 13(4). Morin's exercise of this right is a part of the cost of providing a fair trial. Several cases have distinguished the cost of trial from the cost of prosecution. See State v. McCarthy, 259 Minn. 24, 32-33, 104 N.W.2d 673, 679 (1960) (costs of prosecution do not include jury fees or expenses); State v. Morehart, 149 Minn. 432, 433-34, 183 N.W. 960, 960 (1921) (costs of prosecution do not include "those items of expenses connected with the trial"); see also Minn. Stat. § 627.02 (1996) (when trial's venue is moved, originating county and not defendant is responsible for paying trial costs). Although Morin's decision to remove the judge may have led the county to incur additional costs, the judge should not have imposed restitution under the statute for those transportation costs.
We therefore reverse the imposition of restitution for the costs of transporting Morin and remand to the district court for proceedings consistent with this decision.
Reversed and remanded.
[*] Retired judge of the district court, serving as judge of the Minnesota Court of Appeals pursuant to Minn. Const. art. VI, § 10.