State Ex Rel. Lyons v. Department of Health & Social Services

Robert Lyons appeals from a judgment affirming the revocation of his probation. Lyons’ prin cipal argument is that a probationer’s mental disease or defect should be recognized as a defense to a probation revocation.

After a trial to the court on the charge of carrying a concealed weapon, Lyons was found not guilty by reason of mental disease or defect and committed to the Winnebago Mental Health Institute. He contends that this finding in the criminal court prevents the Department from proceeding with revocation of his probation. We disagree, and we affirm.

Lyons was convicted of burglary in…