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STATE v. KORDAS

No. 94-0719-CR.

191 Wis.2d 124 (1995)

528 N.W.2d 483

STATE of Wisconsin, Plaintiff-Appellant, v. Michel KORDAS, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided January 17, 1995.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of James E. Doyle, attorney general, and Thomas J. Balistreri, assistant attorney general.

For the defendant-respondent the cause was submitted on the briefs of Gimbel, Reilly, Guerin & Brown, with Franklyn M. Gimbel, Kathryn A. Keppel, and Raymond M. Dall'Osto of Milwaukee.

Before Sullivan, Fine and Schudson, JJ.

SCHUDSON, J.

The State of Wisconsin appeals from the trial court order upholding the decision of a judicial court commissioner to dismiss an amended criminal complaint that charged Michel Kordas with attempt to receive stolen property. The trial court concluded that it is legally impossible to commit attempt to receive stolen property where, in fact, the property is not stolen. We reverse.

The facts relevant to this appeal are undisputed. The amended complaint...

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