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01-1668 State v. Hauk

By: dmc-admin//August 5, 2002//

01-1668 State v. Hauk

By: dmc-admin//August 5, 2002//

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However, because defendant never waived her right to a jury trial – to have a jury determine all the elements of the crime of bail-jumping, we reverse her conviction and remand for a new trial.

“We conclude that the State presented sufficient evidence to prove that Hauk violated the terms of her bond by committing the crime of solicitation. However, because Hauk did not waive her right to have a jury determine each element of bail jumping, we reverse and remand for a new trial in case No. 99-CR-43. Finally, because we conclude that the reversal of Hauk’s conviction constitutes a new factor, we remand case No. 99-CR-167 to permit the circuit court to exercise its discretion in determining whether the new factor justifies sentence modification.”

Affirmed in part, reversed in part and remanded.

Recommended for publication in the official reports.

Dist IV, Grant County, Van de Hey, J., Dykman, J.

Attorneys:

For Appellant: David D. Cook, Monroe

For Respondent: Emil T. Everix, Lancaster; Jeffrey J. Kassel, Madison

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