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STATE v. VASSOS

No. 97-0938-CR.

218 Wis.2d 330 (1998)

579 N.W.2d 35

STATE of Wisconsin, Plaintiff-Appellant, v. Prokopios G. VASSOS, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided May 27, 1998.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was argued by Pamela Magee, assistant attorney general, with whom on the brief (in the Supreme Court) was James E. Doyle, attorney general.

For the defendant-respondent there was a brief (in the Court of Appeals) and oral argument by Edmund C. Carns, Oshkosh.

¶ 1. SHIRLEY S. ABRAHAMSON, CHIEF JUSTICE.

This is an appeal by the State from an order of the Circuit Court for Winnebago County, William E. Crane, Judge, dismissing on double jeopardy grounds the State's prosecution of the defendant, Prokopios Vassos, on a misdemeanor battery charge following his acquittal of felony battery. Both charges arose out of the same incident.

¶ 2. The court of appeals certified the following issue to this court: "When...

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