State v. Zimmerman

¶ 1. The State appeals from a judgment granting Deborah J. Zimmerman's motion to dismiss for failure to state probable cause in a complaint charging her with felony escape. Because we conclude that Zimmerman was not in actual custody for purposes of the escape statute set forth in Wis. Stat. § 946.42 (1999-2000), 1 we affirm the judgment of the trial court.

¶ 2. The facts of this case are undisputed. On September 26, 2000, agents of the Wisconsin Department of Corrections were transporting Zimmerman to jail after having taken her into custody for a violation of the terms of her release. 2 At…