State v. Burke

The state appeals from an order entered pursuant to sec. 970.03(10), Stats., dismissing several counts of an information. The issue is whether the state needed to present evidence at the preliminary hearing to support all counts in the information. Because we conclude that the state needed to present such evidence in the preliminary hearing, and did not, the trial court correctly dismissed the counts in the information not supported by evidence presented at the preliminary hearing. We therefore affirm.

The state brought a sexual assault complaint against John Burke, charging him with four…