State Wisconsin v. Robert Leque

Robert LeQue appeals from two non-final orders denying his motions to dismiss for lack of subject matter jurisdiction and
prosecutorial delay. 1 Twenty days after his eighteenth birthday, LeQue was charged in adult circuit court with three counts
of first-degree sexual assault, crimes which he allegedly committed when he was fifteen years old. We conclude that LeQue
is subject to adult circuit court jurisdiction because the age of the defendant on the date the action is filed, not his age
on the date of the alleged offense, determines whether the adult court has subject matter jurisdiction over a criminal proceeding.
Furthermore, we conclude that the state successfully met its burden of showing that LeQue's charging was not the result of
intentional manipulation designed to avoid juvenile court jurisdiction. Therefore, we affirm both orders. On January 12, 1988, S.M. reported to a school counselor that she had been sexually assaulted by LeQue on three occasions
between May and July of 1985. At the time of these alleged offenses, S.M. was eight and one-half years of age and LeQue was
fifteen years of age. The counselor immediately notified the school principal and the department of health and social services
(DHSS) of S.M.'s allegations. Two days later, January 14, Joanne Schneider from DHSS interviewed S.M. at school. After the
interview, Schneider returned to her office where she looked up LeQue's age and learned that he would turn eighteen on February
3, twenty days later. The next day, January 15, Schneider referred S.M. to juvenile intake and reported the assault to Detective
Berger of the City of Fond du Lac Police Department. She briefed Berger on the case and told him she would call him back after
she had interviewed S.M.'s parents to determine if they would cooperate with the police investigation.