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STATE v. DAUER

No. 92-1920-CR.

174 Wis.2d 418 (1993)

497 N.W.2d 766

STATE of Wisconsin, Plaintiff-Respondent, v. Curtis J. DAUER, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided February 3, 1993.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Michael J. Fitzgerald of Coffey, Coffey & Geraghty of Milwaukee.

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

Before Brown, Anderson and Snyder, JJ.

BROWN, J.

Curtis J. Dauer appeals from a judgment convicting him of one count of armed robbery and one count of extortion. The trial court submitted the extortion and armed robbery counts to the jury and denied Dauer's request to instruct the jury regarding the lesser included offense of misdemeanor theft. We address two issues on appeal. The first issue is whether the extortion and armed robbery convictions are multiplicitous and subject Dauer to double jeopardy...

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