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STATE v. SMITH

Nos. 81-121-CR, 81-122-CR.

106 Wis.2d 151 (1982)

316 N.W.2d 124

STATE of Wisconsin, Plaintiff-Respondent, v. Ronald Arthur SMITH, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided January 18, 1982.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the brief of Charles Bennett Vetzner, chief state public defender.

For the plaintiff-respondent the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Stephen W. Kleinmaier, assistant attorney general.

Before Voss, P.J., Brown and Scott, JJ.

VOSS, P.J.

In this case, we are called upon to decide a single point. At issue is whether a trial court has the authority to designate the maximum level of inpatient facility as part of a reexamination hearing held pursuant to sec. 971.17 (2), Stats. We agree with the trial court that it has no such authority and affirm its decision.

In 1974, a trial court found Ronald Smith not guilty of criminal charges by reason...

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