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STATE v. BOND

No. 86-0593-CR.

139 Wis.2d 179 (1987)

407 N.W.2d 277

STATE of Wisconsin, Plaintiff-Appellant, v. Richard BOND, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided April 8, 1987.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of David A. Sierleja, district attorney Green Lake County, Bronson C. La Follette, attorney general, and William L. Gansner, assistant attorney general.

For the defendant-respondent the cause was submitted on the brief of Nila Jean Robinson of Robinson, Robinson, Peterson, Rudolph & Cross of Appleton.

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

SCOTT, C.J.

The state appeals from an order of the trial court granting Richard Bond's (Bond) motion to dismiss a prosecution for theft in violation of sec. 943.20(1)(a), Stats. The state contends that the trial court erred as a matter of law in ruling that after a prior dismissal of a charge of theft by fraud in violation of sec. 943.20(1)(d), the subsequent prosecution for theft was unconstitutional because jeopardy had attached.

The only issue on appeal...

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