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01-1621-CR State v. Bennett

By: dmc-admin//March 18, 2002//

01-1621-CR State v. Bennett

By: dmc-admin//March 18, 2002//

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Roosevelt Bennett, Jr., appeals from an order of commitment after a two-part jury trial where, in phase one, a jury found him guilty of carrying a concealed weapon, disorderly conduct, and bail jumping, but, during phase two, found him not guilty by reason of mental disease. Bennett claims his federal and state constitutional rights were violated and/or the trial court erred when: (1) it found Bennett should be committed to an institution rather than be conditionally released; (2) it failed to grant his motion to dismiss alleging there was insufficient evidence to sustain his convictions for disorderly conduct, carrying a concealed weapon, and bail jumping; and (3) it ordered Bennett removed from his preliminary hearing. Because the trial court did not erroneously exercise its discretion when it determined that Bennett should be committed rather than conditionally released, because there was sufficient evidence for the trier of fact to convict Bennett on the disorderly conduct, carrying a concealed weapon, and bail jumping charges, and because no constitutional rights were implicated by Bennett’s removal from his preliminary hearing, we affirm.

This opinion will not be published.

Dist I, Milwaukee County, Konkol, J., Per Curiam

Attorneys:

For Appellant: Adrienne R. Borisy, Madison

For Respondent: Robert D. Donohoo, Milwaukee; Sally L. Wellman, Madison

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