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STATE v. SUGDEN

No. 86-0638-CR.

137 Wis.2d 367 (1987)

404 N.W.2d 126

STATE of Wisconsin, Plaintiff-Respondent, v. Richard Dean SUGDEN, Jr., Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided March 4, 1987.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Michael J. Bauer of Hopp, Hodson, Powell & Raftery of Sheboygan.

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

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

BROWN, P.J.

The controlling issue concerns whether there was sufficient evidence to convict the defendant of escape based upon the state's theory of culpability. We hold that when the information alleges an escape from an institution and the jury is so instructed, the state must prove that the defendant progressed beyond the institution grounds. Because there was no proof of this fact, we reverse the escape conviction...

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