STATE v. GARNER

No. 96-0168-CR.

207 Wis.2d 520 (1996)

558 N.W.2d 916

STATE of Wisconsin, Plaintiff-Respondent, v. Andrew James GARNER, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided December 17, 1996.


Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Eileen A Hirsch, assistant state public defender.

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

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


SCHUDSON, J.

Andrew James Garner appeals from the judgment of conviction, following his guilty plea, for burglary and possession of burglarious tools, and from the trial court's order denying his postconviction motion. He argues that the trial court violated his right to due process of law by denying his motion to suppress identification "without holding a hearing, taking evidence, or developing any factual basis for that...

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