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STATE v. KENNEDY

No. 81-375-CR.

105 Wis.2d 625 (1981)

314 N.W.2d 884

STATE of Wisconsin, Plaintiff-Respondent, v. Kevin S. KENNEDY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided December 2, 1981.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of James R. Glover of Shellow & Shellow of Milwaukee.

For the plaintiff-respondent the cause was submitted on the brief of Bronson C. La Follette, attorney general, and James K. Muehlbauer, assistant attorney general.

Before Decker, C.J., Moser, P.J., and Randa, J.

DECKER, C.J.

We affirm this judgment of conviction for theft by fraud.

Kevin S. Kennedy was tried before a jury for one count of theft by fraud, contrary to sec. 943.20(1) (d), Stats., and twelve counts of medical assistance fraud, contrary to sec. 49.49 (1) (a) 1, all arising out of his billing procedures as a practicing psychiatrist.

The theft by fraud count arose out of Wisconsin Medical Assistance Physician Services Claim Reports submitted in 1975...

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