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§ 903.03, Presumed Delivery of Mail

State v. Henry W. Aufderhaar, 2004 WI App 208, PFR filed 11/16/04
For Aufderhaar: J. Paul Neumeier Jr.; Raymond E. Krek


¶27                        Here, it is true that the delinquency petition, though filed in court, was never in Aufderhaar’s hands before the waiver hearing took place.  However, at the time of the hearing, Aufderhaar is presumed to have had notice that such a petition existed because the notice of waiver hearing was sent to his correct Montana address before the waiver hearing and that notice was never returned as undeliverable.  The law in this state is that when notice is sent by mail and it is not returned, the presumption is that it was delivered.  See State ex rel. Flores v. State, 183 Wis. 2d 587, 612, 516 N.W.2d 362 (1994).  Moreover, the record shows that this same post office address was used by Aufderhaar on his bail slip regarding this case.

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