STATE v. M.S.

No. 90-0923.

159 Wis.2d 206 (1990)

464 N.W.2d 41

STATE of Wisconsin, Plaintiff-Respondent, v. M.S., Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided November 14, 1990.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Michael J. Fairchild, Menomonie.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Kristine Cusick, assistant district attorney, Menomonie.

Before Cane, P.J., LaRocque and Myse, JJ.


MYSE, J.

M.S. appeals an order recommitting him to the Mendota Mental Health Institute following a determination that he had violated the conditions of his release and that he would pose a risk to society if released. M.S. contends that the trial court erred by refusing to grant him a jury trial at the recommitment hearing. Because we conclude that M.S. was not entitled to a jury trial on the petition for recommitment, the order is affirmed.

M.S. had previously...

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