State v. Schultz

HIGGINBOTHAM, EJ.

¶ 1. Sherry Schultz appeals a judgment based on a jury's verdict convicting her of one count of felony Misconduct in Public Office contrary to Wis. Stat. § 946.12(3) (2005-06). Schultz contends that the trial court's jury instruction on Misconduct in Public Office contained mandatory conclusive presumptions on the elements of duty and intent. The State argues that the jury instruction contained only permissible definitions of substantive law. We conclude that the jury instruction was erroneous and that the error was not harmless. Accordingly, we reverse and remand for a new…