State v. Staples

The defendant appeals from a judgment of conviction of violating sec. 946.43(2), Stats. (1975), assault by prisoner; and from an order entered July 3, 1979, denying the defendant’s post-conviction motions.

Defendant is an inmate at Wisconsin State Prison at Waupun. On March 26, 1978, he was confined to a seg*367regation building known as the adjustment center. At 8:30 that morning, he and ten other inmates entered the exercise yard adjacent to the adjustment center. While in the yard, several inmates attacked a prisoner named ■Garza. Additional guards were summoned to help break up the fight. One…