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STATE v. PETTIT

Nos. 91-2825-CR, 91-2905-CR.

171 Wis.2d 627 (1992)

STATE of Wisconsin, Plaintiff-Respondent, v. Jason PETTIT, Defendant-Appellant. STATE of Wisconsin, Plaintiff-Respondent, v. Reese IWEN, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided October 7, 1992.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, Jason Pettit, the cause was submitted on the brief of Carol J. Lazzaro of Waukegan, Illinois.

On behalf of the defendant-appellant, Reese Iwen, the cause was submitted on the brief of Patricia Flood, assistant state public defender.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and Maureen McGlynn Flanagan, assistant attorney general.

Before Nettesheim, P.J., Anderson and Snyder, JJ.

NETTESHEIM, P.J.

Jason Pettit and Reese Iwen (the defendants) appeal from judgments of conviction for armed burglary as parties to the crime, contrary to secs. 939.05 and 943.10(1)(a) and (2), Stats. They argue that a jury instruction not only misstated the law, but also denied them their constitutional right to due process by placing on them the burden of disproving the "intent to steal" element of the respective armed burglary

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