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STATE v. MCGUIRE

No. 95-3138-CR.

204 Wis.2d 372 (1996)

556 N.W.2d 111

STATE of Wisconsin, Plaintiff-Respondent, v. Rodney J. McGuiRE, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided September 5, 1996.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of T. Christoper Kelly of Reynolds, Thomas, Kelly & Habermehl, S.C. and James H. Connors of Madison.

For the plaintiff-respondent the cause was submitted on the brief of James E. Doyle, attorney general, and Mary E. Burke, asst. attorney general.

Before Eich, C.J., Dykman, P.J., and Vergeront, J.

VERGERONT, J.

Rodney McGuire appeals from a judgment of conviction for misconduct in public office in violation of § 946.12(3), STATS., and misdemeanor theft in violation of § 943.20(1) and (3)(a), STATS. The charges arose out of an incident in which McGuire, then a deputy sheriff with the Dane County Sheriff's Department, found boxes to tools at the scene of an accident and retained them in his possession for a period of almost three years. The State concedes...

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