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STATE v. MOFFETT

Nos. 99-1768-CR, 99-1769-CR.

233 Wis.2d 628 (2000)

2000 WI App 67

608 N.W.2d 733

STATE of Wisconsin, Plaintiff-Appellant, v. Melvin L. MOFFETT, Defendant-Respondent. STATE of Wisconsin, Plaintiff-Appellant, v. Jerrell I. DENSON, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided February 10, 2000.

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, with David J. Becker, assistant attorney general.

On behalf of the defendant-respondent Melvin Moffett, the cause was submitted on the brief of Patrick J. Stangl of Coaty & Stangl, S.C. of Madison.

On behalf of the defendant-respondent Jerrell I. Denson, the cause was submitted on the brief of Joseph L. Sommers of Madison.

Before Eich, Vergeront and Roggensack, JJ.

¶ 1. EICH, J.

The State filed an information charging Jarrell Denson and Melvin Moffett with attempted first-degree intentional homicide (as parties to the crime) and with conspiracy to commit first-degree intentional homicide of the same intended victim. Both defendants moved to dismiss the conspiracy charge, arguing that WIS. STAT. § 939.72(2) (1997-98),1 which provides that no person may be convicted "for conspiracy and ....

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