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STATE v. DAVIS

No. 00-0889-CR.

242 Wis.2d 344 (2001)

2001 WI App 63

626 N.W.2d 5

STATE of Wisconsin, Plaintiff-Appellant, v. Christopher Lee DAVIS, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided February 22, 2001.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the brief of Michael R. Klos, assistant attorney general, and James E. Doyle, attorney general.

On behalf of the defendant-respondent, the cause was submitted on the brief of Jane Krueger Smith of Oconto Falls.

Before Vergeront, Deininger and Zappen, JJ.

¶ 1. ZAPPEN, J.

The State appeals from an order that dismissed a criminal prosecution with prejudice because the State violated WIS. STAT. § 971.11(2) (1999-2000),2 a portion of Wisconsin's Intrastate Detainers Act. The State contends that the statute requires the court to dismiss the complaint without prejudice. Because we conclude that § 971.11 permits the circuit court to dismiss with prejudice, we affirm.

¶...

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