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STATE v. TURLEY

No. 83-2430-CR.

128 Wis.2d 39 (1986)

381 N.W.2d 309

STATE of Wisconsin, Plaintiff-Appellant, v. Gerald E. TURLEY, Defendant-Respondent.

Supreme Court of Wisconsin.

November 26, 1985.

Decided February 11, 1986.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was argued by Sally L. Wellman, assistant attorney general, with whom on the briefs was Bronson C. La Follette, attorney general.

For the defendant-respondent there were briefs by James A. Walrath, Michael J. Cohn and Shellow, Shallow & Glynn, S.C., Milwaukee, and oral argument by Mr. Walrath.

WILLIAM A. BABLITCH, J.

The State of Wisconsin (State) asks this court to allow it to appeal a circuit court's dismissal of a criminal information against Gerald E. Turley (Turley), arguing that the court based the dismissal on an erroneous standard of review. Because conclude that the dismissal constituted an acquittal on the underlying charge, we hold that the double jeopardy provisions of the federal and state constitutions...

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