Idaho Supreme Court December 28, 1990, 16941 (State v. Thompson)

BISTLINE, Justice,

dissenting.

A short review of the statutes, case law, and rules governing the award of costs on appeal leads to the conclusion that costs are awardable to the prevailing party in this appeal. This conclusion is arrived at no matter how the appeal is characterized. Even if considered a criminal appeal, Thompson is entitled to his costs.