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STATE v. CLARK

No. 90-1513-CR.

162 Wis.2d 406 (1991)

469 N.W.2d 871

STATE of Wisconsin, Plaintiff-Appellant, v. Christopher CLARK, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided April 2, 1991.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Donald J. Hanaway, attorney general, with Paul Lundsten, assistant attorney general, of Madison.

For the defendant-respondent the cause was submitted on the briefs of Russell D. Bohach, of Brennan & Collins, of Milwaukee.

Before Moser, P.J., Sullivan and Fine, JJ.

SULLIVAN, J.

The state appeals from an order dismissing its criminal action charging Christopher Clark with second-degree recklessly endangering safety, in violation of sec. 941.30(2), Stats. The trial court dismissed the action prior to the attachment of jeopardy and without prejudice, over the state's objection. The issue on appeal is whether the trial court had the inherent power to dismiss, absent statutory authorization, prosecutorial request, or constitutional...

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