Alcoholic Beverages — underage drinking — accompanied by parent

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Wisconsin Court of Appeals

Criminal

Alcoholic Beverages — underage drinking — accompanied by parent

The City of Monroe issued a citation to Connar Steven Koch for underage possession or consumption of alcohol, contrary to Monroe City Code § 3-4-1, which adopts Wis. Stat. § 125.07(4)(b). Following a trial to the court, the court found Koch not guilty of underage drinking on the ground that Koch was “accompanied” by a parent, his father, within the meaning of a statutory exception to the prohibition to underage drinking. The issue on appeal is whether the circuit court properly interpreted and applied the term “accompanied” within the meaning of § 125.07(4)(b) to the instant facts, in finding Koch not guilty of the charged offense. We conclude that the court erred in interpreting and applying the term “accompanied” found in § 125.07(4)(b) to the instant facts. Accordingly, we reverse and remand with directions to the court to find Connar Steven Koch guilty of violating Monroe City Code § 3-4-1, adopting Wis. Stat. § 125.07(4)(b), and to proceed to sentencing, consistent with this opinion. This appeal will not be published.

2014AP540 City of Monroe v. Koch

Dist IV, Green County, Beer, J., Higginbotham, J.

Attorneys: For Appellant: Nolen, Craig R., Monroe; For Respondent: Koch, Connar Steven, pro se