State v. Jennings

¶ 1. The State of Wisconsin (State) petitions this court to review a decision of the court of appeals that reversed the conviction *526of Kevin D. Jennings (Jennings).1 At issue is whether a criminal complaint that is filed against a defendant, who is already incarcerated, is sufficient to commence a prosecution. Based on the legislative history of Wis. Stat. § 939.74(1) (1999-2000)2 and related criminal statutes that deal with the commencement of criminal prosecutions and warrantless arrests, we conclude that if an individual, like Jennings, is already in custody due to incarceration, a…