When Tabitha Scruggs was charged with felony burglary in January 2014, the law requiring some defendants to submit a DNA sample was in place, but the $250 surcharge to help pay for it was not.

After Scruggs plead guilty, though, in April 2014, she was charged the $250 and filed a motion asking the court to vacate the charge, a story in The Journal Times reads, but the charge was upheld first in Racine County Circuit Court and then again with the Court of Appeals.

Scruggs was 17 at the time she and a male partner broke into a home in the 3500 block of Republic around 10:30 p.m. Dec. 30 by breaking a window and stole a television and a video game, the criminal complaint against her reads. Online court records indicate she was sentenced to 18 months in prison and another 18 months on extended supervision with another three years of probation.

Scruggs took her case to the state Supreme Court, arguing that the surcharge was collected in every case even if DNA was never collected. Her case was accepted in March. When the justices will hear arguments is unknown.

Scruggs does have an open criminal case in which she is facing felony possession of synthetic marijuana and one misdemeanor charge each for disorderly conduct and criminal damage to property. She is due in court Tuesday for a status conference.


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