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STATE v. ANTHUBER

No. 95-1365-CR.

201 Wis.2d 512 (1996)

549 N.W.2d 477

STATE of Wisconsin, Plaintiff-Respondent, v. Richard J. ANTHUBER, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided April 3, 1996.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of James C. Reiher and Timothy W. Feeley of von Briesen & Purtell, S.C. of Milwaukee.

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

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

BROWN, J.

Richard J. Anthuber is a heroin addict. He was convicted on one count of heroin possession after prison officers found him injecting himself in his cell at the Racine Correctional Institution. Anthuber primarily contends that the trial court erred when it rejected his necessity defense. He specifically asserts that his illegal drug use was made necessary by the Department of Corrections (DOC) depriving him of the methadone it promised to provide. We hold...

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