STATE v. WITKOWSKI

No. 90-1636.

163 Wis.2d 985 (1991)

473 N.W.2d 512

STATE of Wisconsin, Plaintiff-Respondent, v. Gerald A. WITKOWSKI, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided June 13, 1991.


Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of William J. Tyroler, assistant state public defender, of Milwaukee.

For the plaintiff-respondent the cause was submitted on the brief of Donald J. Hanaway, attorney general, and Barry M. Levenson, assistant attorney general.

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


EICH, C.J.

Gerald Witkowski appeals from an order denying his motion, brought under sec. 974.06, Stats., to reverse his conviction for attempted armed robbery on the grounds that the evidence was insufficient to sustain the verdict on the theory submitted to the jury.

The issues are: (1) whether the appeal became moot when Witkowski died while his sec. 974.06, Stats., motion was pending before the trial court; and...

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