STATE v. BOYER

No. 95-0624-CR.

198 Wis.2d 837 (1995)

543 N.W.2d 562

STATE of Wisconsin, Plaintiff-Appellant, v. Mary BOYER, Constance Cooper, Katherine Kenaga, Anthony Nitti, Kenneth Smith and Cynthia Verenski, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided December 26, 1995.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of E. Michael McCann, district attorney, and Thomas J. McAdams, assistant district attorney, of Milwaukee.

On behalf of the defendants-respondents, the cause was submitted on the briefs of Gerald P. Boyle and Bridget E. Boyle of Gerald P. Boyle, S.C., of Milwaukee, and Marty Kohler of Kohler & Hart of Milwaukee.

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


FINE, J.

Mary Boyer, Constance Cooper, Katherine Kenaga, Anthony Nitti, Kenneth Smith, and Cynthia Verenski entered pleas of no contest to possessing marijuana as party to a crime. See § 161.01(4), STATS. (defining "controlled substance" to mean "a drug, substance or immediate precursor" listed in "schedules I to V" in §§ 161.11-161.24, STATS.); § 161.14(4)(t), STATS. (classifying as a "Schedule I" controlled substance "Tetrahydrocannabinols...

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