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STATE v. ESPINOZA

No. 01-1473-CR.

250 Wis.2d 804 (2002)

2002 WI App 51

641 N.W.2d 484

STATE of Wisconsin, Plaintiff-Appellant, v. Joseph M. ESPINOZA, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided January 23, 2002.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the brief of John M. Daniels, assistant district attorney of Oshkosh.

On behalf of the defendant-respondent, the cause was submitted on the brief of Steven P. Weiss, assistant state public defender of Madison.

Before Nettesheim, P.J., Brown and Anderson, JJ.

¶ 1. ANDERSON, J.

The State of Wisconsin appeals from a circuit court order granting Joseph M. Espinoza's motion to dismiss Count 2 of a criminal complaint charging him with knowingly obstructing police officers contrary to WIS. STAT. §§ 946.41(1) and 939.62(1)(a) (1999-2000).1 Because we agree with the circuit court that the obstruction charge is not supported by the information/allegations contained in the criminal complaint...

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