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Territorial Jurisdiction – Retention of Jurisdiction over Lesser Offenses

State v. Anthony J. Randle, 2002 WI App 116, PFR filed 4/2/02
For Randle: Paul G. Bonneson

Issue: Whether territorial jurisdiction, acquired over the charged offense, may be lost over a lesser offense whose elements do not include any committed within the state.

Holding:

¶20 … Like criminal subject matter jurisdiction, once territorial jurisdiction attaches, it will continue until a final disposition of the case. See Webster, 196 Wis. 2d at 317.

¶21 Thus, we conclude that because territorial jurisdiction attached to the original charge of second-degree sexual assault, the trial court necessarily retained jurisdiction over all lesser-included offenses of the original charge, including third-degree sexual assault.

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