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Criminal — disorderly conduct — domestic violence enhancer

Wisconsin Court of Appeals

Criminal — disorderly conduct — domestic violence enhancer

Where the defendant threatened to kill himself after beating his girlfriend, the evidence was sufficient to find that his disorderly conduct was an act of domestic violence.

“The police found Edwards in his bed with the covers pulled over him and a knife beside him. According to Edwards’ girlfriend, this was after he had beaten her for nearly an hour, causing various injuries, called her six times and threatened suicide if she did not come home immediately. Clearly, the latter conduct would give rise to fear of imminent harm and is not reasonably construed as presenting a threat to Edwards alone given his pleas/threats to his girlfriend to return home. The trial court found that the disorderly conduct was an act of domestic abuse. Given the testimony of the girlfriend, the finding is far from erroneous. When, as here, the information, complaint and trial testimony all describe a domestic abuse incident, the court may consider these facts. We uphold the trial court’s finding. State v. Wicks, 168 Wis. 2d 703, 707, 484 N.W.2d 378 (Ct. App. 1992) (within trial court’s discretion to determine whether probation is appropriate for offender and then to fashion a term of probation, within statutory limits, best suited to offender’s and society’s needs).”

Affirmed.

Recommended for publication in the official reports.

2012AP758-CR State v. Edwards

Dist. II, Walworth County, Carlson, J., Neubauer, J.

Attorneys: For Appellant: Ramirez, Rick, Milwaukee; For Respondent: Weber, Gregory M., Madison; Larson, Sara Lynn, Madison

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