State v. Fonte

286 Wis. 2d 77 (2005) 2005 WI 145 704 N.W.2d 912

STATE of Wisconsin, Plaintiff-Respondent-Petitioner,
v.
Peter A. FONTE, Defendant-Appellant.

No. 2003AP2097-CR.

Supreme Court of Wisconsin.

Decided October 21, 2005.

¶ 1. PER CURIAM.

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 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.