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STATE v. BEHNKE

No. 88-2228-CR.

155 Wis.2d 796 (1990)

456 N.W.2d 610

STATE of Wisconsin, Plaintiff-Respondent-Petitioner, v. Joseph D. BEHNKE, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided June 25, 1990.

Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner the cause was argued by Maureen McGlynn, assistant attorney general, with whom on the briefs was Donald J. Hanaway, attorney general.

For the defendant-appellant there was a brief filed by Mark G. Sukowaty, Madison and oral argument by Mark G. Sukowaty.

SHIRLEY S. ABRAHAMSON, J.

This is a review of an unpublished decision of the court of appeals, filed September 13, 1989, reversing the conviction of Joseph D. Behnke entered by the Circuit Court of Manitowoc County, Allan Deehr, Circuit Judge. The court of appeals reversed the conviction and remanded the cause for a new trial. We affirm the decision of the court of appeals.

We hold that the absence of defense counsel at the return of the jury verdict, without...

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