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STATE v. SMITH

No. 99-0477.

229 Wis.2d 720 (1999)

600 N.W.2d 258

IN RE the COMMITMENT OF Giles L. SMITH: STATE of Wisconsin, Petitioner-Respondent, v. Giles L. SMITH, Respondent-Appellant.

Court of Appeals of Wisconsin.

Decided July 30, 1999.

Attorney(s) appearing for the Case

On behalf of the respondent-appellant, the cause was submitted on the briefs of Jay E. Heit and Roger M. Hillestad & Associates of Durand.

On behalf of the petitioner-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and Sally L. Wellman, assistant attorney general, of Madison.

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

HOOVER, J.

Giles Smith appeals an order denying his request to stay his ch. 980, STATS.,1 trial while incompetent.2 The circuit court determined that Smith was incompetent and was not likely to become competent, but ordered that he nonetheless proceed with his ch. 980 trial. The question before this court is whether a person found incompetent and unlikely to become...

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