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STATE v. FONDER

No. 90-0687-CR.

162 Wis.2d 591 (1991)

469 N.W.2d 922

STATE of Wisconsin, Plaintiff-Respondent, v. Sidney FONDER, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided April 25, 1991.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Mary E. Waitrovich, first assistant state public defender.

For the plaintiff-respondent the cause was submitted on the briefs of Donald J. Hanaway, attorney general, and Michael R. Klos, assistant attorney general.

Before Gartzke, P.J., Dykman and Sundby, JJ.

GARTZKE, P.J.

Sidney Fonder appeals from a judgment of conviction for battery to a correctional officer, sec. 940.20(1), Stats. The issue is whether criminal prosecution of a prison inmate for battery subjects the inmate to double jeopardy after prison officials took disciplinary action against him for the same battery. We conclude that the inmate is not subjected to double jeopardy, and we therefore affirm.

Fonder is an inmate of Waupun Correctional Institution...

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