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STATE v. RIVERA

No. 91-2951-CR.

184 Wis.2d 485 (1994)

516 N.W.2d 391

STATE of Wisconsin, Plaintiff-Respondent, v. Elvin RIVERA, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided June 7, 1994.

Attorney(s) appearing for the Case

For the defendant-appellant there was a brief by Gerald P. Boyle, Milwaukee and oral argument by Gerald P. Boyle.

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

JON P. WILCOX, J.

This case comes before us on certification by the court of appeals pursuant to sec. (Rule) 809.61, Stats. The defendant, Elvin Rivera (Rivera) urges this court to overturn his conviction for felony murder, sec. 940.03, Stats.,1 because neither he nor one of his accomplices in an attempted armed robbery fired the shot that killed one of the intended victims of that robbery....

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