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STATE v. HERMANN

No. 90-2252-CR.

164 Wis.2d 269 (1991)

474 N.W.2d 906

STATE of Wisconsin, Plaintiff-Respondent, v. Fred L. HERMANN, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided August 14, 1991.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the brief of Leonard D. Kachinsky of Kachinsky Law Offices of Neenah.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and Paul Lundsten, assistant attorney general.

Before Nettesheim, P.J., Scott and Anderson, JJ.

SCOTT, J.

Fred L. Hermann was convicted of two counts of delivery of a controlled substance and two counts of delivery of a controlled substance, party to a crime, all within 1,000 feet of school premises. He was sentenced to five years imprisonment on each count, to run concurrently.

On appeal, Hermann argues that, for several reasons, he merits resentencing. He contends the state should have been made to prove that he knew he was within 1000 feet of a school...

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