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STATE v. MCKEE

No. 01-1966-CR.

256 Wis.2d 547 (2002)

2002 WI App 148

648 N.W.2d 34

STATE of Wisconsin, Plaintiff-Respondent, v. Trevor McKEE, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided May 30, 2002.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Kenneth P. Casey, assistant state public defender, Jefferson.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Susan J. Sommer, assistant attorney general, Mary E. Burke, assistant attorney general, and James E. Doyle, attorney general.

Before Vergeront, P.J., Dykman and Deininger, JJ.

¶ 1. DEININGER, J.

Trevor McKee was previously convicted of aggravated battery and first-degree reckless injury for inflicting severe injuries during a physical assault. The victim remained in a coma and died four years later, and the State commenced this homicide prosecution. McKee appeals an order which denied his motion to dismiss the pending prosecution on statutory double jeopardy grounds.

¶ 2. McKee claims the trial court erred in concluding...

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