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§ 940.09, Homicide by Intoxicated use of Vehicle (Boat) – Sufficiency of Proof of “Operating”

State v. Peter A. Fonte, 2005 WI 77, reversing unpublished decision
For Fonte: Martha A. Askins, SPD, Madison Appellate

Issue/Holding: Fonte’s emotionally charged statement to a police officer at the scene that he “thought the boat was out of gear,” corroborated by a companion’s “grudging admission that he had agreed that Fonte was operating the boat” is sufficient to satisfy the § 940.09 element of “operating,” ¶21.

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