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STATE v. ONE 1971 OLDSMOBILE CUTLASS

No. 90-1850.

159 Wis.2d 718 (1990)

464 N.W.2d 851

STATE of Wisconsin, Plaintiff-Appellant, v. ONE 1971 OLDSMOBILE CUTLASS AUTOMOBILE, Vin No. 342571M175712 and Its Appurtenances, and Martin A. Tregler, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided December 12, 1990.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of J. Dennis Thornton, district attorney, and Holly L. Bunch, assistant district attorney.

On behalf of the defendants-respondents, the cause was submitted on the brief of Daryl W. Laatsch of Daryl W. Laatsch, S.C. of West Bend.

BROWN, J.

This case concerns the state's requested forfeiture of a vehicle used to transport a crowbar employed during a burglary but which vehicle was not actually used in the course of the crime. The trial court read sec. 973.075(1)(b), Stats., to allow the state to seek forfeiture of only those vehicles used in the commission of the crime. Although the language of sec. 973.075(1)(b), Stats., was amended effective May 4, 1990, this issue would still arise under...

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