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STATE v. ALLEN

No. 87-1901.

159 Wis.2d 53 (1990)

464 N.W.2d 426

STATE of Wisconsin, Plaintiff-Respondent, v. Gilbert E. ALLEN, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided November 1, 1990.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of William E. Schmaal, of Madison.

For the plaintiff-respondent the cause was submitted on the briefs of Donald J. Hanaway, attorney general, with Daniel J. O'Brien, assistant attorney general.

Before Eich, C.J., Gartzke, P.J., and Dykman, J.

GARTZKE, P.J.

The Wisconsin Supreme Court vacated our mandate in State v. Allen, 154 Wis.2d 804, 454 N.W.2d 44 (Ct. App. 1990), and directed us to reconsider the matter in light of that court's decision in Vollmer v. Luety, 156 Wis.2d 1, 456 N.W.2d 797 (1990). On reconsideration, we affirm our mandate.

The matter before us is Allen...

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