Abandonment of a Child — sufficiency of the evidence — intent

Listen to this article

Wisconsin Court of Appeals

Criminal

Abandonment of a Child — sufficiency of the evidence — intent

Addison Steiner appeals the circuit court’s judgment convicting him of abandonment of a child under Wis. Stat. § 948.20. Steiner also appeals the circuit court’s order denying his motion for postconviction relief from the judgment. The parties dispute whether the evidence is sufficient to support Steiner’s conviction, with each arguing that the sufficiency of the evidence depends on whether the element of “intent to abandon” a child under § 948.20 requires intent to leave the child permanently. Additionally, the State argues, as a threshold matter, that Steiner forfeited this issue by failing to object during closing argument when the prosecutor made clear that the prosecutor’s theory was that abandonment need not be permanent. We conclude that Steiner fails to show that there is a true sufficiency of the evidence issue here, and we agree with the State that Steiner forfeited the statutory interpretation issue he now raises. We affirm. Not recommended for publication in the official reports.

2013AP2629-CR State v. Steiner

Dist IV, La Crosse County, Levine, J., Lundsten, J.

Attorneys: For Appellant: Askins, Martha K., Madison; For Respondent: Latorraca, Donald V., Madison; Gruenke, Tim, La Crosse