01-1162 In re the Commitment of Richard A. Strand: State v. Strand

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Richard Strand appeals a Wis. Stat. ch. 9801 judgment and commitment order. Strand argues that: (1) the changes made to ch. 980 by 1999 Wis. Act 9 violate Strand’s right to equal protection; (2) in order to be constitutional, ch. 980 must require a finding of lack of volitional control, and the trial court erred when it refused to instruct the jury or permit a finding on the issue of lack of volitional control; (3) the trial court erred by directing a verdict on whether the petition was filed within ninety days of Strand’s discharge or release; (4) the trial court erred when it refused to accept Strand’s stipulation to his prior convictions and to exclude other acts evidence counsel claimed would in effect retry those prior cases; and (5) the State failed to prove by expert opinion that it was substantially probable Strand would sexually and violently reoffend.

We reject Strand’s arguments and affirm the judgment and order.

Not recommended for publication in the official reports.

Dist III, Eau Claire County, Lenz, J., Hoover, P.J.

Attorneys:

For Appellant: Jack E. Schairer, Madison

For Respondent: Raymond L. Pelrine, Eau Claire; Diane M. Welsh, Madison