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STATE v. SHER

No. 87-1568-CR.

149 Wis.2d 1 (1989)

437 N.W.2d 878

STATE of Wisconsin, Plaintiff-Appellant, v. Mort SHER, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided April 4, 1989.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was argued by Paul Lundsten, assistant attorney general, with whom on the briefs was Donald J. Hanaway, attorney general.

For the defendant-respondent there was a brief by Michael J. Fitzgerald, Martin I. Hanson, and Hanson, Gasiorkiewicz & Becker, S.C., Racine, and oral argument by Mr. Fitzgerald.

DAY, J.

This court accepted this appeal on certification by the court of appeals pursuant to sec. 809.61, Stats. 1987-88. The State appealed an order by the circuit court for Kenosha county, Honorable David M. Bastian, judge, that dismissed a criminal complaint on the grounds that the six year Statute of Limitations was not tolled during the time the defendant was "publicly a resident" of Florida. The circuit court held that the Statute of Limitations, sec. 939.74...

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