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STATE v. POVEDA

No. 91-0596-CR.

166 Wis.2d 19 (1991)

479 N.W.2d 175

STATE of Wisconsin, Plaintiff-Respondent, v. Antonio C. POVEDA, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided November 14, 1991.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Suzanne Hagopian, assistant state public defender, of Madison.

For the plaintiff-respondent the cause was submitted on the brief of James E. Doyle, attorney general, and Maureen McGlynn Flanagan, assistant attorney general.

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

EICH, C.J.

Antonio Poveda appeals from a judgment convicting him of theft. The issue is whether the prosecution was barred by the double jeopardy clause of the United States Constitution. We conclude that it was and reverse the judgment.

Poveda stole a car in Madison and was arrested in Waukesha County as he drove toward Milwaukee. He was convicted in Waukesha County of operating a motor vehicle without the owner's consent. He was later convicted of auto theft...

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