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STATE v. DuFRAME

No. 81-2001-CR.

107 Wis.2d 300 (1982)

320 N.W.2d 210

STATE of Wisconsin, Plaintiff-Respondent, v. Steven E. DUFRAME, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided April 13, 1982.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the brief of Michael F. Hupy of Hausmann, McNally & Hupy, S.C. of Milwaukee.

For the plaintiff-respondent the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Pamela Magee-Heilprin, assistant attorney general.

Before Voss, P.J., Brown and Scott, JJ.

VOSS, P.J.

Steven E. DuFrame appeals from the court order denying his motion to dismiss on double jeopardy grounds. Both parties agree that the sole issue before this court is whether retrial of the appellant is barred by double jeopardy where his first trial ended in a mistrial ordered sua sponte by the trial court. This court holds that the principle of double jeopardy does not bar the retrial.

On April 27, 1980, the automobile DuFrame was driving...

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