STATE v. KRYSHESKI

No. 83-1009-CR.

119 Wis.2d 84 (1984)

349 N.W.2d 729

STATE of Wisconsin, Plaintiff-Respondent, v. Roger A. KRYSHESKI, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided April 25, 1984.


Attorney(s) appearing for the Case

For the defendant-appellant, the cause was submitted on the briefs of Donald T. Lang, assistant state public defender.

For the plaintiff-respondent, the cause was submitted on the briefs of Bronson C. La Follette, attorney general, and Marguerite M. Moeller, assistant attorney general.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.


SCOTT, C.J.

This is an appeal from that portion of an order denying a motion to vacate Roger A. Krysheski's judgment of conviction and subsequent sentence. The motion to vacate was filed because of Krysheski's death. The main issue is the effect of the defendant's death on a conviction when the death occurs while the defendant is pursuing post-conviction remedies under Rule 809.30, Stats. Because we find the judgment of conviction and sentence should have been abated...

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