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STATE v. ZIMMERMAN

No. 00-3173-CR.

248 Wis.2d 370 (2001)

2001 WI App 238

635 N.W.2d 864

STATE of Wisconsin, Plaintiff-Appellant, v. Deborah J. ZIMMERMAN, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided September 26, 2001.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Lara M. Herman, assistant attorney general, and James E. Doyle, attorney general.

On behalf of the defendant-respondent, the cause was submitted on the brief of Charles Bennett Vetzner, assistant state public defender.

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

¶ 1. BROWN, J.

The State appeals from a judgment granting Deborah J. Zimmerman's motion to dismiss for failure to state probable cause in a complaint charging her with felony escape. Because we conclude that Zimmerman was not in actual custody for purposes of the escape statute set forth in WIS. STAT. § 946.42 (1999-2000),1 we affirm the judgment of the trial court.

¶ 2. The facts of this case are undisputed. On...

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