Wisconsin Supreme Court, 2005

State v. Fonte

State v. Fonte
Wisconsin Supreme Court · Decided October 21, 2005 · Crooks
2005 WI 145; 704 N.W.2d 912; 286 Wis. 2d 77; 2005 Wisc. LEXIS 768

State v. Fonte

Opinion

PER CURIAM.

¶ 1. The defendant, Peter A. Fonte, moves the court to withdraw and reconsider its *78 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 nature of his crime was accidental rather than intentional."

¶ 2. 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 without costs.

¶ 4. N. PATRICK CROOKS, J., did not participate.

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