2009AP2425-CR State v. Bolin

WISCONSIN LAW JOURNAL STAFF//November 24, 2010//

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Lewd and Lascivious Behavior
Sufficiency of the evidence

The State charged Andrew Bolin with one count of lewd and lascivious behavior under Wis. Stat. § 944.20(1)(a). After a jury returned a guilty verdict, the circuit court dismissed the count notwithstanding the verdict. The court concluded that § 944.20(1)(a) only applied to consensual public acts of indecency, whereas Bolin’s acts were with non-consenting others. The State appeals, arguing that this interpretation is incorrect. I agree with the State and reverse. This opinion will not be published.

2009AP2425-CR State v. Bolin

Dist IV, Jefferson County, Weston, J., Lundsten, J.

Attorneys: For Appellant: Weber, Gregory M., Madison; Hall, Monica J., Jefferson; For Respondent: Dahnert, Sylvie, Jefferson; De La Rosa, Jeff, Jefferson

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