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STATE v. ALDAZABAL

No. 87-2218-CR.

146 Wis.2d 267 (1988)

430 N.W.2d 614

STATE of Wisconsin, Plaintiff-Respondent, v. Jose M. ALDAZABAL, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided August 18, 1988.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Richard D. Martin, assistant state public defender.

For the plaintiff-respondent the cause was submitted on the brief of Donald J. Hanaway, attorney general, and Gregory M. Posner-Weber, assistant attorney general.

Before Dykman, Eich and Sundby, JJ.

SUNDBY, J.

Jose Aldazabal appeals from a judgment convicting him of possession of a fireman by a felon, contrary to sec., 941.29, Stats. He claims that the evidence was insufficient to convict him because the state neglected to prove that he was a felon. He also appeals from an order denying his postconviction motion to dismiss the complaint. We conclude that the evidence that he was a felon was presented to the jury when the prosecutor in her opening statement advised...

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