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STATE v. ROTH

No. 83-312-CR.

115 Wis.2d 163 (1983)

339 N.W.2d 807

STATE of Wisconsin, Plaintiff-Respondent, v. William C. ROTH, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided September 26, 1983.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Mark Lukoff, first assistant state public defender, of counsel, of Milwaukee.

For the plaintiff-respondent the cause was submitted on the briefs of Bronson C. La Follette, attorney general, with Jerome S. Schmidt, assistant attorney general, of counsel, of Madison.

Before Wedemeyer, P.J., Decker and Moser, JJ.

WEDEMEYER, P.J.

William C. Roth (Roth) appeals from a judgment of conviction entered May 12, 1982, following a jury trial, wherein he was found guilty of theft by lessee, contrary to secs. 943.20(1) (e) and (3) (b), Stats. Roth also appeals from the trial court's order entered February 17, 1983, denying his postconviction motions. The dispositive issues1 on appeal are: (1) whether sec. 943.20(1) (e) is unconstitutional because it amounts...

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