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STATE v. LETTICE

No. 97-3708-CR.

221 Wis.2d 69 (1998)

585 N.W.2d 171

STATE of Wisconsin, Plaintiff-Appellant, v. John A. LETTICE, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided July 21, 1998.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of James E. Doyle, attorney general, and Sharon Ruhly, assistant attorney general.

On behalf of the defendant-respondent, the cause was submitted on the brief of John Allan Pray of Frank J. Remington Center, University of Wisconsin Law School.

Before Cane, P.J., Myse and Hoover, JJ.

CANE, P.J.

The State of Wisconsin appeals an order dismissing its case against John Lettice on the ground that retrial would violate Lettice's right not to be placed twice in jeopardy for the same offense. It contends the trial court erred when it dismissed the case on double jeopardy grounds because: (1) Lettice's conviction was reversed in an earlier appeal on grounds other than insufficiency of the evidence; (2) the narrow exception barring retrial when prosecutorial...

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