Juveniles — preliminary hearings

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Wisconsin Supreme Court

Criminal

Juveniles — preliminary hearings

When a juvenile is charged in adult court, the court must find probable cause at the preliminary hearing that the juvenile committed an offense enumerated in sec. 938.183(1).

“[A]lthough the articulation of the probable cause determination in this case should have been more precise, the preliminary hearing transcript demonstrates that the circuit court found probable cause that Toliver committed attempted first-degree intentional homicide. Gorman testified that Toliver held a gun to his head, threatened to shoot him, and then shot him in the back. Toliver did not introduce any evidence of mitigating circumstances. The circuit court had the complaint and the information, both of which listed Toliver’s date of birth at the top and contained only one felony charge and a charge for possession of a dangerous weapon by a person under 18. Toliver did not object that the court’s probable cause be more specific, and the court did not discharge Toliver as would be required if it failed to find probable cause for the specific offense. Thus, the record demonstrates that when the court found probable cause to believe Toliver committed a felony, the felony to which the court referred was attempted first-degree intentional homicide, the only felony with which Toliver was charged.”

Affirmed.

2012AP393-CR State v. Toliver

Prosser, J.

Attorneys: For Appellant: Davis, Jeffrey Oxford, Milwaukee; Vogel, Matthew Charles, Milwaukee; Goldschmidt, James Eric, Milwaukee; For Respondent: Chiapete, W. Richard, Racine; Lloyd, Katherine Desmond, Madison