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STATE v. PEREZ

No. 99-3108-CR.

235 Wis.2d 238 (2000)

2000 WI App 115

612 N.W.2d 374

IN RE the RETURN OF PROPERTY IN: STATE of Wisconsin v. Carlos PEREZ: STATE of Wisconsin, Plaintiff-Appellant, v. Carlos PEREZ, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided April 26, 2000.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the brief of Jeffrey A. Sisley, assistant district attorney. There was a supplemental brief by James E. Doyle, attorney general, and Jeffrey J. Kassel, assistant attorney general.

On behalf of the defendant-respondent, the cause was submitted on the brief of R. Douglas Stansbury of Levy & Levy, S.C. of Cedarburg.

Brown, P.J., Nettesheim and Snyder, JJ.

¶ 1. BROWN, P.J.

The State of Wisconsin appeals an order of the circuit court concluding that Carlos Perez, who was convicted of carrying a concealed weapon, did not "use" a weapon while committing that crime and thus is entitled to return of the weapons under WIS. STAT. § 968.20(1m)(b) (1997-98).1 The State argues that if a person commits a crime while "with" a firearm, the firearm may be seized and not returned to the owner...

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