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STATE v. BERGQUIST

No. 01-0814.

250 Wis.2d 792 (2002)

2002 WI App 39

641 N.W.2d 179

IN RE RETURN OF PROPERTY IN STATE v. BERGQUIST: STATE of Wisconsin, Appellant, v. Kirk J. BERGQUIST, Respondent.

Court of Appeals of Wisconsin.

Decided January 23, 2002.

Attorney(s) appearing for the Case

On behalf of the appellant, the cause was submitted on the briefs of G. Richard White, district attorney, and Meri C. Larson, assistant district attorney, of Eau Claire.

On behalf of the respondent, the cause was submitted on the brief of Steven H. Gibbs of Hertel & Gibbs, S.C. of Eau Claire.

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

¶ 1. CANE, C.J.

The State appeals from an order requiring it to return two guns to Kirk Bergquist. The State argues that pursuant to WIS. STAT. § 968.20(1m)(b), the guns cannot be returned to Bergquist because he committed a crime involving their use.1 The circuit court ordered the guns returned to Bergquist after concluding that forfeiture of the guns would violate the United States Constitution's prohibition of excessive fines...

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