Criminal Procedure – dismissal — prejudice

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Wisconsin Court of Appeals

Criminal

Criminal Procedure – dismissal — prejudice

The State in this case appeals the denial of its motion to dismiss without prejudice followed by the granting of a defense motion to dismiss with prejudice. The State contends that (1) the trial court improperly denied its motion to dismiss without prejudice because it did not adequately consider the public interest when doing so, and (2) the trial court improperly dismissed with prejudice because no jury had been called and therefore jeopardy had not attached. We agree that the trial court erred in denying the motion to dismiss without prejudice because it failed to apply the proper legal standard of considering the public interest. And while we do not rest our decision on the second issue, we do discuss it with regard to the remand. We reverse and remand, with directions. This opinion will not be published.

2011AP130-CR State v. Wedde

Dist II, Green Lake County, McMonigal, J., Brown, C.J.

Attorneys: For Appellant: Weber, Gregory M., Madison; Vanden Branden, Lisa M., Green Lake; For Respondent: Wedde, Leon A., pro se