458 N.W.2d 573 | Wis. Ct. App. | 1990
C.M.L. appeals a dispositional order finding him delinquent for theft following a jury trial.
C.M.L. was found guilty of theft as party to a crime by a jury on July 19, 1989. Following receipt of the verdict, C.M.L. moved for judgment notwithstanding the guilty verdict on grounds that the state had failed to
Section 48.31(7), Stats., regulates the time for conducting dispositional hearings:
At the close of the fact-finding hearing, the court shall set a date for the dispositional hearing which allows a reasonable time for the parties to prepare but is no more than 10 days from the fact-finding hearing for a child in secure custody and no more than 30 days from the fact-finding hearing for a child not held in secure custody.
C.M.L. argues that the fact-finding hearing closed with receipt of the jury's verdict. The construction of a statute and its application to a particular set of facts is a question of law. Minuteman, Inc. v. Alexander, 147 Wis. 2d 842, 853, 434 N.W.2d 773, 778 (1989). We conclude that the fact-finding hearing was not closed until the court ruled on C.M.L.'s motion to set aside the verdict.
C.M.L. relies upon In re R.H., 147 Wis. 2d 22, 433 N.W.2d 16 (Ct. App. 1988), holding that a dispositional hearing, held thirty-two days following the fact-finding hearing, was void. That decision was subsequently affirmed by the Wisconsin Supreme Court when the six participating justices split three to three whether to affirm or reverse. In re R.H., 150 Wis. 2d 432, 441 N.W.2d 233 (1989).
Section 48.31(1), Stats., states: "In this section, 'fact-finding hearing' means a hearing to determine if the allegations of a petition under s. 48.12 or 48.13(12) are supported beyond a reasonable doubt . . .." The jury's verdict need not end thát determination. The trial court's duty to determine whether the verdict is supported by the evidence is as much a part of the fact-finding hearing as are the court's rulings on admission of evidence and other legal determinations arrived at as part of the trial process.
Our conclusion is also consistent with sec. 48.31(2), which provides in part:
At the conclusion of the hearing, the court or jury shall make a determination of the facts. If the court finds that the child is not within the jurisdiction of the court or the court or jury finds that the facts alleged in the petition or citation have not been proved, the court shall dismiss the petition or citation with prejudice.
By the Court. — Order affirmed.
This is an expedited appeal under Rule 809.17. Upon the chief judge's order, this has been issued as a three-judge opinion pursuant to sec. 809.41(3), Stats.