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00-1870-CR State v. Ball

By: dmc-admin//July 2, 2001//

00-1870-CR State v. Ball

By: dmc-admin//July 2, 2001//

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Barry L. Ball appeals from a judgment convicting him of disorderly conduct, in which the trial court ordered him to make restitution to a prison worker who was injured while attempting to break up a fight between Ball and another inmate. Ball argues that the trial court improperly ordered restitution because the prison worker, Mark Hess, was not a victim of the disorderly conduct. We agree with Ball that Hess was not a victim of Ball’s crime because the conduct for which Ball was convicted was not directed at Hess. We therefore reverse the judgment insofar as it requires Ball to pay restitution. Not recommended for publication in the official reports.

Dist IV, Dodge County, Bissonnette, J., Dykman, P.J.

Attorneys:

For Appellant: Barry L. Ball, Oshkosh; Steven Cohen, Madison

For Respondent: Patricia A. Ramirez, Juneau; William F. Bedker, Juneau

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