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STATE v. KIRCH

No. 98-0582.

222 Wis.2d 598 (1998)

587 N.W.2d 919

STATE of Wisconsin, Plaintiff-Appellant, v. Walter A. KIRCH III, Sharon K. Kirch, and One 1989 Chevrolet Suburban Truck (V.I.N. 1GNFV16C8KF149363), Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided October 29, 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 James M. Freimuth, assistant attorney general.

On behalf of the defendant-respondent, the cause was submitted on the brief of Timothy J. Gaskell of Hanson & Gaskell of Westby.

Before Dykman, P.J., Eich and Roggensack, JJ.

DYKMAN, P.J.

The State of Wisconsin appeals from an order dismissing its forfeiture complaint in which it demanded possession of a 1989 Chevrolet Suburban truck that Walter A. Kirch III used to transport a stolen trailer. The State contends that the trial court erred in concluding that Sharon Kirch, Walter Kirch's mother, was the "owner" of the truck, for the purposes of § 973.075(1)(b)2, STATS., because the title was in her name. We agree. We therefore reverse...

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