STATE v. YODER

No. 95-0808-CR.

200 Wis.2d 463 (1996)

546 N.W.2d 575

STATE of Wisconsin, Plaintiff-Appellant, v. Stephan E. YODER, Jr., Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided February 28, 1996.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of James E. Doyle, attorney general, and Jerome S. Schmidt, assistant attorney general.

On behalf of the defendant-respondent, the cause was submitted on the brief of R. Steven Prifogle, assistant state public defender.

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


ANDERSON, P.J.

The State appeals from an order of the trial court granting Stephan E. Yoder, Jr.'s motion for dismissal. We conclude that the parties' stipulation that the victim was dead prior to Yoder's contact with him rendered § 346.67(1)(c), STATS., inapplicable. Accordingly, we affirm the trial court's order.

The facts are alleged in the complaint as follows: Roxanne Bartel initially hit a pedestrian and did not stop to render aid. An autopsy showed...

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