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STATE v. RANDALL

No. 97-0519-CR.

222 Wis.2d 53 (1998)

586 N.W.2d 318

STATE of Wisconsin, Plaintiff-Respondent, v. Alan Adin RANDALL, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided September 17, 1998.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Waring R. Fincke of West Bend.

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

Before Eich, Vergeront and Roggensack, JJ.

ROGGENSACK, J.

Alan Randall appeals a judgment recommitting him to the custody of the Wisconsin Department of Health and Social Services at the Winnebago Mental Health Institute (WMHI) following his confinement there as an insanity acquittee.1 He claims: (1) that the circuit court erroneously exercised its discretion when it refused to instruct the jury that the State was required to prove a level of dangerousness that could not be managed...

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