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STATE v. HAHN

No. 85-1614-CR.

132 Wis.2d 351 (1986)

392 N.W.2d 464

STATE of Wisconsin, Plaintiff-Appellant, v. Kevin HAHN, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided June 19, 1986.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Sally L. Wellman, assistant attorney general.

For the defendant-respondent the cause was submitted on the brief of James G. Birnbaum and Ellen M. Frantz, and Johns & Flaherty, S.C., of La Crosse.

Before Gartzke, P.J., Dykman, J. and Eich, J.

DYKMAN, J.

The state appeals from an order dismissing with prejudice its complaint against Kevin Hahn for homicide by intoxicated use of a vehicle. The issue is whether the state's failure to preserve exculpatory evidence justified dismissal. We conclude that the state violated its duty to preserve the evidence, and the trial court did not abuse its discretion by dismissing the complaint. We therefore affirm.

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