WI Court of Appeals – District I
Case Name: State of Wisconsin v. M. D. B., Jr.
Case No.: 2023AP000620
Officials: Donald, P.J.
Focus: Delinquency Petition
On November 9, 2022, the State filed a delinquency petition charging M.D.B., Jr. (hereinafter M.D.B.). with operating a motor vehicle without the owner’s consent. According to the petition, on October 17, 2022, M.D.B. was arrested for intentionally taking and driving a white Hyundai Tucson without the owner’s consent. The State appeals from an order dismissing a delinquency petition filed against M.D.B. The State contends that the circuit court erroneously exercised its discretion when it dismissed the petition with prejudice. The court concludes that there is no indication on the record that the circuit court believed that its only option was to dismiss the case with prejudice. Rather, as discussed above, in this case, the circuit court discussed the specific facts of this case and dismissed the petition based on its consideration of the relevant factors.