State v. RicheyAnnotate this Case
The Supreme Court reversed the orders of the circuit court overruling motions to retax court costs after each movant had his jail board bill taxed as costs against him by the circuit court, holding that no statutory authority exists to treat jail board bills as court costs.
Both movants were sentenced to a term in jail. The circuit clerks taxed to the movants as court costs a jail board bill. The movants later filed motions to retax costs, arguing that the circuit court had no statutory authority to tax their board bills as court costs. The circuit courts overruled the motions. The Supreme Court reversed the rulings on both motions and remanded with direction for the circuit court to retax the costs by removing the board bill liability of the movants under Mo. Rev. Stat. 221.070 from their respective fee reports, holding that the circuit courts erred in taxing as court costs the movants’ board bills, as express statutory authority permitting jail board bills to be taxed as court costs does not exist.