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STATE v. PERRY

No. 93-1309-CR.

181 Wis.2d 43 (1993)

510 N.W.2d 722

STATE of Wisconsin, Plaintiff-Respondent, v. Stephen A. PERRY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided December 7, 1993.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Charles Bennett Vetzner, assistant state public defender.

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

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

CANE, P.J.

Stephen Perry appeals a judgment of conviction and an order denying postconviction relief. Perry bases his appeal on three arguments: that he was impermissibly charged with inconsistent crimes for the same act—attempted murder and aggravated battery; that the court erred by denying his request for a lesser-included offense instruction on negligent use of a weapon; and that the court lacked authority to initiate restitution proceedings because the...

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