CANE, P.J.
The state appeals an order dismissing its criminal complaint alleging that Danny Fry unlawfully had sexual intercourse with a thirteen-year-old juvenile, J.H., contrary to sec. 940.225(2)(e), Stats. The circuit court dismissed the complaint at the completion of a preliminary examination after determining that the state failed to establish probable cause to believe that a felony had been committed. Three issues are raised on appeal:
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