State v. Spaeth
Annotate this CaseIn order to seek commitment of a sexually violent person under Wis. Stat. ch. 980 the State is required to allege that the individual has committed a sexually violent offense, referred to a “predicate offense.” At issue in this case was whether a petition filed under Chapter 980 can be invalidated when the predicate offense recited in the petition is later reversed. In the instant case, the State filed a petition in 2010 to commit Joseph Spaeth as a sexually violent person under Wis. Stat. 980.02 The Petition referred to convictions for child enticement that occurred in 2009. In 2012, the Supreme Court reversed Spaeth’s 2009 convictions. The circuit court subsequently dismissed Spaeth’s Chapter 980 conviction, concluding that once the 2009 convictions were reversed and the charges dismissed, the State could no longer rely on those convictions as a predicate offense to support its petition. The Supreme Court reversed, holding (1) the sufficiency of a Chapter 980 petition should be assessed as of the time of filing; and (2) at the time the State’s petition was filed the statutory requirements in section 980.02 were satisfied, and therefore the Chapter 980 petition to commit Spaeth should not have been dismissed.
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