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STATE v. BRISSETTE

No. 98-2152.

230 Wis.2d 82 (1999)

601 N.W.2d 678

IN RE the COMMITMENT OF Frederick J. BRISSETTE: STATE of Wisconsin, Petitioner-Respondent. v. Frederick J. BRISSETTE, Respondent-Appellant.

Court of Appeals of Wisconsin.

Decided August 18, 1999.

Attorney(s) appearing for the Case

On behalf of the respondent-appellant, the cause was submitted on the brief of John D. Lubarsky, assistant state public defender.

On behalf of the petitioner-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and Stephen W. Kleinmaier, assistant attorney general.

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

BROWN, P.J.

Frederick J. Brissette appeals from his commitment as a sexually violent person, claiming that the trial court lost competence to proceed when it did not hold a probable cause hearing for him within seventy-two hours of the filing of the sexually violent person petition. See § 980.04(2), STATS. We conclude that the phrase "in custody" in § 980.04(2) means in custody pursuant to ch. 980, STATS...

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