State v. Hoffman

Terry Hoffman appeals his conviction on one count of escape contrary to sec. 946.42(3)(f), Stats., and an order denying postconviction relief. Hoffman contends that the trial court erred by rejecting the definition of "custody" found in Wis J I — Criminal 1772 (Oct. 1988) in favor of a broader definition that formed part of the holding of State v. Adams, 152 Wis. 2d 68, 447 N.W.2d 90 (Ct. App. 1989); failing to dismiss the charge at the close of the state's evidence because the state had not established the element of custody beyond a reasonable doubt; and denying his motion for a new trial…