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STATE v. DESMIDT

No. 88-1356-CR.

151 Wis.2d 324 (1989)

444 N.W.2d 420

STATE of Wisconsin, Plaintiff-Appellant-Cross-Respondent, v. Woodrow A. DeSMIDT, Defendant-Respondent-Cross-Appellant.

Court of Appeals of Wisconsin.

Decided June 13, 1989.

Attorney(s) appearing for the Case

For plaintiff-appellant-cross-respondent there were briefs by Donald J. Hanaway, attorney general, and Barry M. Levenson, assistant attorney general.

For defendant-respondent-cross-appellant there were briefs by Steven L. Miller and Zuidemulder, Gazeley & Appel, S.C., of Green Bay.

Before Cane, P.J., LaRocque and Myse, JJ.

LaROCQUE, J.

The state appeals an order suppressing as evidence the business records and patient files of Woodrow A. DeSmidt, Jr., a Green Bay dentist, seized pursuant to a search warrant. DeSmidt is charged with nine counts of medical assistance fraud and four counts of insurance fraud.

The principal appeal is authorized by sec. 974.05(1)(d)2, Stats., permitting review of a final order adverse to the state that...

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