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STATE v. SOSTRE

No. 94-0778-CR.

198 Wis.2d 409 (1996)

542 N.W.2d 774

STATE of Wisconsin, Plaintiff-Respondent, v. Jorge B. SOSTRE, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided January 24, 1996.

Attorney(s) appearing for the Case

For the defendant-appellant there were briefs and oral argument by Ruth S. Downs, assistant state public defender.

For the plaintiff-respondent the cause was argued by Diane M. Nicks, assistant attorney general, with whom on the brief was James E. Doyle, attorney general.

DONALD W. STEINMETZ, J.

The issue in this case is whether a live-in boyfriend, who is a volunteer caretaker of a child, is a "person ... responsible for the welfare of [a] child," and thereby subject to the penalty enhancer found in Wis. Stat. § 948.03(5) (1993-94).1 We hold that a live-in boyfriend can be a "person ... responsible for the welfare of [a] child," if he was used by the legal guardian of the child as a caretaker for...

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