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STATE v. MILLER

No. 95-0129-CR.

197 Wis.2d 518 (1995)

541 N.W.2d 153

STATE of Wisconsin, Plaintiff-Respondent, v. Leporld L. MILLER, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided October 3, 1995.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Gerald P. Boyle, S.C., with Gerald P. Boyle, of Milwaukee.

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

Before Sullivan, Fine and Schudson, JJ.

SCHUDSON, J.

Leporld L. Miller appeals from the judgment of conviction for possession with intent to deliver controlled substance (cocaine base) within 1000 feet of a school. He argues that because he absconded before the first witness was called to testify, he was not "present at the beginning of the trial" under § 971.04(3), STATS., and, therefore, that the conviction must be vacated. We reject his argument and conclude that because Miller was present when...

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