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STATE v. MATA

Nos. 95-1336-CR, 95-1410-CR.

199 Wis.2d 315 (1996)

544 N.W.2d 578

STATE of Wisconsin, Plaintiff-Appellant, v. Francisco MATA, Defendant-Respondent. STATE of Wisconsin, Plaintiff-Appellant, v. Jose A. SIANEZ, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided January 9, 1996.

Attorney(s) appearing for the Case

For 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.

For the defendant-respondent Francisco Mata, the cause was submitted on the briefs of Brennan, Ramirez, Wilmouth & Sesini, with Peter L. Ramirez, of Milwaukee.

For the defendant-respondent Jose Sianez, the cause was submitted on the briefs of Randall E. Paulson, assistant state public defender, of Milwaukee.

Before Sullivan, Fine and Schudson, JJ.

SCHUDSON, J.

In these consolidated cases, the State of Wisconsin appeals from the trial court orders dismissing carrying concealed weapon charges against Francisco Mata and Jose Sianez. The trial court concluded that § 941.237(3)(d), STATS., permitting a tavern owner to go armed with a handgun in the owner's tavern, precluded prosecution of the tavern owner under § 941.23, STATS., for carrying a concealed weapon...

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