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STATE v. PHILLIPS

No. 92-1253-CR.

172 Wis.2d 391 (1992)

493 N.W.2d 238

STATE of Wisconsin, Plaintiff-Appellant, v. William N. PHILLIPS, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided November 17, 1992.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the brief of James E. Doyle, attorney general, and Gregory M. Posner-Weber, assistant attorney general.

On behalf of the defendant-respondent, the cause was submitted on the brief of Ruth S. Downs, assistant state public defender.

Before Cane, P.J., LaRocque and Myse, JJ.

CANE, P.J.

The state appeals the trial court's order dismissing the Information charging William Phillips with unlawfully possessing a firearm as a felon contrary to sec. 941.29, Stats. The state argues that the trial court erroneously ruled that sec. 973.033, Stats., added an additional element to the sec. 941.29, Stats., offense of possession of a firearm by a felon. We agree and reverse the order.

On June 18, 1990, Phillips was convicted and sentenced for...

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