Washington v. Buchanan

Per Curiam. -- Eldridge Buchanan appeals from the sentence imposed following his conviction for fourth degree assault. The State originally charged Buchanan with second degree rape, but that charge resulted in a hung jury and mistrial. The State then amended the charge to fourth degree assault, and Buchanan pled guilty. As part of his sentence, Buchanan was ordered to pay court costs, including costs for the mistrial on the second degree rape. He argues that the court abused its discretion and exceeded its authority in imposing costs for the mistrial because he was never convicted of the crime prosecuted in the trial.