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STATE v. MONTGOMERY

No. 87-0491-CR.

142 Wis.2d 707 (1987)

419 N.W.2d 316

STATE of Wisconsin, Plaintiff-Respondent, v. Terrance MONTGOMERY, Defendant-Appellant

Court of Appeals of Wisconsin.

Decided December 23, 1987.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Paul C. Merkle, Jr., assistant state public defender.

For the plaintiff-respondent the cause was submitted on the brief of Donald J. Hanaway, attorney general, and Michael R. Klos, assistant attorney general.

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

SUNDBY, J.

Terrance Montgomery appeals from an order denying his motion to dismiss a criminal proceeding. He argues that the state's failure to initiate proceedings for an offense he allegedly committed while a juvenile until after he turned eighteen was due to negligence or to a manipulative intent to avoid juvenile court jurisdiction.

We conclude that we erred when we previously remanded this case for a hearing. Since the parties had stipulated that the...

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