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STATE v. JOHNSON

No. 98-2881-CR.

231 Wis.2d 58 (1999)

604 N.W.2d 902

STATE of Wisconsin, Plaintiff-Appellant, v. Willie E. JOHNSON, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided October 13, 1999.

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 David J. Becker, assistant attorney general.

On behalf of the defendant-respondent, the cause was submitted on the brief of Douglas I. Henderson of Kenosha.

Before Nettesheim, Anderson and Snyder, JJ.

¶ 1. ANDERSON, J.

The State appeals from an order dismissing its second complaint charging Willie E. Johnson with robbery and bail jumping in violation of §§ 943.32(1) and 946.49(1)(b), STATS. Arguing against the dismissal of its complaint, the State contends that it presented new and unused evidence supporting probable cause at the second preliminary hearing. We agree and reverse.

BACKGROUND

¶ 2. Johnson was charged with the...

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