State v. Peter A. Fonte
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2005 WI 145 SUPREME COURT CASE NO.: COMPLETE TITLE: OF WISCONSIN 2003AP2097-CR State of Wisconsin, Plaintiff-Respondent-Petitioner, v. Peter A. Fonte, Defendant-Appellant. MOTION FOR RECONSIDERATION 2005 WI 77 Reported at: 281 Wis. 2d 654, 698 N.W.2d 594 OPINION FILED: SUBMITTED ON BRIEFS: ORAL ARGUMENT: October 21, 2005 SOURCE OF APPEAL: COURT: COUNTY: JUDGE: JUSTICES: CONCURRED: DISSENTED: NOT PARTICIPATING: ATTORNEYS: CROOKS, J., did not participate. 2005 WI 145 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 2003AP2097-CR (L.C. No. 2001CF306) STATE OF WISCONSIN : IN SUPREME COURT State of Wisconsin, Plaintiff-Respondent-Petitioner, FILED v. OCT 21, 2005 Peter A. Fonte, Cornelia G. Clark Clerk of Supreme Court Defendant-Appellant. MOTION for reconsideration. ¶1 PER CURIAM. Reconsideration denied. The defendant, Peter A. Fonte, moves the court to withdraw and reconsider its opinion in State v. Fonte, 2005 WI 77, 281 Wis. 2d 654, 698 N.W.2d 594. Fonte contends that the court (1) made a factual error in footnote nine of its opinion; (2) should further address the court of appeals' rationale for granting relief in favor of Fonte; and (3) should "reconsider its conclusion that evidence of Fonte's aliases did not harm his defense because the accidental rather than intentional." nature of his crime was No. ¶2 2003AP2097-CR To clarify the opinion, we modify ¶29, footnote 9, to read as follows: 9 The jury heard expert testimony that Fonte had a blood alcohol level at the time of the accident of at least 0.122. ¶3 The motion for reconsideration is denied costs. ¶4 N. PATRICK CROOKS, J., did not participate. 2 without No. 1 2003AP2097-CR
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