State v. A. L.

¶ 1.

BRASH, J.

We granted the State's petition for leave to appeal a nonfinal order1 of the trial court in which it denied the State's request for a re-evaluation of a juvenile's competency in a suspended delinquency matter. The trial court determined that Wis. Stat. § 938.30(5)(d) did not permit such re-evaluation; instead, the trial court concluded that a juvenile delinquency petition remains suspended in cases where, as here, the juvenile was found incompetent and unlikely to regain competency within the statutory time frame.

f 2. Upon review, we find that Wis. Stat. § 938.30(5)(d) is…