02-0208-CR State v. Welch

Listen to this article

Melvin C. Welch appeals from a judgment of conviction for violating a harassment injunction. Welch raises five issues: (1) whether the harassment injunction is unconstitutionally vague; (2) whether the criminal complaint was sufficient; (3) whether there was sufficient evidence to allow a jury to conclude that he contacted an “event[] that Bike Wisconsin is conducting”; (4) whether the State failed to prove that he knew his actions violated the injunction; and (5) whether Iowa County was the proper venue in which to prosecute Welch.

Although we conclude that Welch is barred from collaterally attacking the injunction and that the complaint is sufficient, we agree with Welch that venue was improper in Iowa County. Both article I, sec. 7 of the Wisconsin Constitution and Wis. Stat. sec. 971.19(1) (1999-2000)2 guarantee a defendant’s right to be tried by a jury where the crime was committed. A violation of this right voids the proceedings. This case was brought in the county where the injunction was issued rather than where Welch violated the injunction. The circuit court therefore erroneously exercised its discretion when it declined to transfer venue to a different county.

We vacate Welch’s conviction and remand with instructions to transfer this case to the county where the crime was committed. Because the proceedings in Iowa County were void, we do not determine the sufficiency of the evidence.

Not recommended for publication in the official reports.

Dist IV, Iowa County, Curry, J., Dykman, J.

Attorneys:

For Appellant: Christopher S. Carson, Greenfield

For Respondent: Erik C. Peterson, Dodgeville