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STATE v. MITCHELL

No. 90-2267-CR.

167 Wis.2d 672 (1992)

482 N.W.2d 364

STATE of Wisconsin, Plaintiff-Respondent, v. John P. MITCHELL, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided April 20, 1992.

Attorney(s) appearing for the Case

For the defendant-appellant there was a brief by Thomas E. Brown, Marna M. Tess-Mattner, Kathryn A. Keppel and Gimbel, Reilly, Guerin & Brown, Milwaukee and oral argument by Thomas E. Brown.

For the plaintiff-respondent the cause was argued by Paul Lundsten, assistant attorney general, with whom on the brief was James E. Doyle, attorney general.

DAY, J.

This is an appeal, by John P. Mitchell (defendant), certified by the Court of Appeals from a judgment of conviction by the Circuit Court for Waukesha County, Roger P. Murphy, Judge, for possession of a controlled substance, cocaine, with intent to deliver contrary to sec. 161.41 (1m)(c)2, Stats., 1987-88 (Controlled Substances Act).

There are three issues in this case. First, whether the defendant was legally arrested. We hold that he was. Second,...

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