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STATE v. NEWMAN

No. 89-1669-CR.

157 Wis.2d 438 (1990)

459 N.W.2d 882

STATE of Wisconsin, Plaintiff-Respondent-Cross Appellant, v. James D. NEWMAN, Defendant-Appellant-Cross Respondent.

Court of Appeals of Wisconsin.

Decided July 24, 1990.

Attorney(s) appearing for the Case

For defendant-appellant-cross respondent there were briefs by Waring R. Fincke of Dvorak & Fincke, S.C., Milwaukee.

For plaintiff-respondent-cross appellant there were briefs by Donald J. Hanaway and Thomas J. Balistreri, Wisconsin Department of Justice, Madison.

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

MYSE, J.

James D. Newman moves to dismiss the state's cross-appeal of an order dismissing two of the five counts in the criminal information dealing with securities fraud violations. The state contends that it has a statutory right to appeal because: (1) the language of sec. 974.05(2), Stats., allows the state to cross-appeal an acquittal on one count whenever a defendant appeals a conviction on another count in the same proceeding; and (2) even if analyzed as a direct...

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