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STATE v. HORTON

No. 87-2444-CR.

151 Wis.2d 250 (1989)

445 N.W.2d 46

STATE of Wisconsin, Plaintiff-Respondent, v. Steven R. HORTON, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided June 7, 1989.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Glenn L. Cushing, assistant state public defender.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Donald J. Hanaway, attorney general, and James M. Freimuth, assistant attorney general.

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

BROWN, P.J.

Steven Horton, then seventeen years old, was charged with first-degree murder and attempted first-degree murder following the juvenile court's waiver of its jurisdiction. The case was tried to a jury, which convicted Horton of the lesser-included offenses of second-degree murder and endangering safety by conduct regardless of life, both while using a dangerous weapon. Horton raises four claims of error: (1) the preliminary hearing was not timely held,...

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