State v. Fleming

The state charged defendant Michael J. Fleming with intentionally causing bodily harm to a child by conduct which creates a high probability of great bodily harm, contrary to sec. 948.03(2)(c). In the instruction and verdict conference, the prosecutor requested that the trial court instruct the jury that it could find Fleming guilty of the lesser-included offense of intentionally causing bodily harm to a child, contrary to sec. 948.03(2)(b). Over Fleming's objection, the trial court so instructed the jury, which acquitted Fleming of the charged offense and convicted him of the lesser-included…