STATE v. SMITH

No. 87-0209-CR.

142 Wis.2d 562 (1987)

419 N.W.2d 259

STATE of Wisconsin, Plaintiff-Respondent, v. Prettic SMITH, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided December 3, 1987.


Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Michael Yovovich, assistant state public defender.

For the plaintiff-respondent the cause was submitted on the brief of Donald J. Hanaway, attorney general, and William L. Gansner, assistant attorney general.

Before Gartzke, P.J., Dykman and Sundby, JJ.


DYKMAN, J.

Prettic Smith appeals from a judgment convicting him of possession of marijuana with intent to deliver in violation of sec. 161.41(1m), Stats. Smith contends that the evidence against him was obtained as the result of the police violating sec. 968.28, Stats.,1 and thus should be suppressed under sec. 968.30(9)(a).2 The issue is whether Smith's cordless

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