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STATE v. HUFF

No. 84-1868-CR.

123 Wis.2d 397 (1985)

367 N.W.2d 226

STATE of Wisconsin, Plaintiff-Petitioner, v. James D. HUFF, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided February 20, 1985.

Attorney(s) appearing for the Case

For the plaintiff-petitioner, there were briefs submitted by Bronson C. La Follette, attorney general, and Thomas J. Balistreri, assistant attorney general. Oral argument by Thomas J. Balistreri.

For the defendant-respondent, there was a brief and oral argument by Michael J. Gross, of Hippenmeyer, Reilly, Bode & Gross, S.C., of Waukesha. David Gerlach of counsel.

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

BROWN, P.J.

This is an appeal by the state from a nonfinal order entered September 10, 1984, amending several felonies charged in an information to misdemeanors and severing most counts for separate trials. We hold that the trial court exceeded its review powers by amending the felony counts contained in the information. Therefore, we reverse that portion of the order. As to the severance issue, we conclude the trial court properly exercised its discretion and affirm...

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