State v. Smith

*499SHIRLEY S. ABRAHAMSON, J.

This matter is before us on a petition to bypass the court of appeals. The defendant appealed to the court of appeals from a commitment order after being found not guilty by reason of mental disease or defect,1 an order denying post-conviction relief, sec. 974.02, Stats. 1981-82,2 and an order recommitting the defendant on defendants’ petition for reexamination pursuant to sec. 971.17 (2), 1981-82.3 The state, relying on Hoppenrath v. State, 97 Wis. 2d 449, 293 N.W.2d 910 (1980), moved to dismiss the appeal on jurisdictional grounds. The defendant then petitioned to…