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STATE v. CARTAGENA

No. 86-1384-CR.

140 Wis.2d 59 (1987)

409 N.W.2d 386

STATE of Wisconsin, Plaintiff-Respondent, v. Oscar C. CARTAGENA, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided May 7, 1987.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Jack E. Schairer, assistant state public defender.

For the plaintiff-respondent the cause was submitted on the briefs of Bronson C. La Follette, attorney general and Sally L. Wellman, assistant attorney general.

Before Moser, P.J., Wedemeyer and Sullivan, JJ.

SULLIVAN, J.

Oscar C. Cartagena appeals from a judgment of conviction on two counts of delivery of a controlled substance contrary to secs. 161.41(1)(b) and 161.16(2)(b)1, Stats. During a voir dire following a sealed verdict and a poll of the jury, one juror changed his mind. We reverse and remand for a new trial because the jury's verdict was not unanimous.

The case against Cartagena was submitted to the jury on November 7. Because the court reporter was...

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