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STATE v. DELEON

No. 84-1949-Cr.

127 Wis.2d 74 (1985)

377 N.W.2d 635

STATE of Wisconsin, Plaintiff-Respondent, v. Raul DELEON, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided October 23, 1985.

Attorney(s) appearing for the Case

For the defendant-appellant, the cause was submitted on the brief of Domingo S. Cruz, attorney at law, of Racine.

For the plaintiff-respondent, the cause was submitted on the brief of Bronson C. LaFollette, attorney general, and Mary Batt, assistant attorney general.

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

BROWN, P.J.

The appeal in this case provides this court with an opportunity to clarify the procedure used when it is discovered that a court reporter's notes are lost while post-trial proceedings are pending.1

The defendant, Raul DeLeon, seeks a reversal of his conviction for first-degree sexual assault because a portion of the court reporter's notes was lost, creating an omission in the trial court transcript. We hold that the...

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