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02-0173-CR State v. Worsech

By: dmc-admin//December 9, 2002//

02-0173-CR State v. Worsech

By: dmc-admin//December 9, 2002//

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The State appeals an order which dismissed one count of its complaint against Scott Worsech, and a subsequent order denying reconsideration. The dismissed count alleged that Worsech, while himself a prisoner, had attempted to intentionally cause bodily harm to another inmate, without the other inmate’s consent, in violation of Wis. Stat. secs. 940.20(1) and 939.32 (1999-2000). The trial court concluded that the facts set forth in the complaint were insufficient to establish probable cause for an attempted battery because they did not show both that Worsech intended actual bodily harm and that anything intervened to prevent Worsech from causing bodily harm.

We disagree and reverse with directions that the dismissed count be reinstated for further proceedings.

This opinion will not be published.

Dist IV, Clark County, Counsell, J., Per Curiam

Attorneys:

For Appellant: Darwin L. Zwieg, Neillsville; Susan M. Crawford, Madison

For Respondent: James B. Connell, Wausau

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