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STATE v. JOHNSON

No. 92-0225-CR.

177 Wis.2d 224 (1993)

501 N.W.2d 876

STATE of Wisconsin, Plaintiff-Respondent, v. Donnell JOHNSON, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided May 18, 1993.

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 briefs of James E. Doyle, attorney general, and William C. Wolford, assistant attorney general.

Before Wedemeyer, P.J., Sullivan and Schudson, JJ.

SCHUDSON, J.

Donnell Johnson pled guilty to possession of a controlled substance (cocaine) with intent to deliver, while armed, party to a crime. On August 26, 1991, he was sentenced to three years in prison and a $1000 fine. Johnson appeals, challenging the trial court's denial of his motion to suppress evidence. Because the police entry to Johnson's apartment was unconstitutional, we reverse.

I. FACTUAL BACKGROUND...

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