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STATE v. BURKS

No. 03-0472-CR.

268 Wis.2d 747 (2003)

2004 WI App 14

674 N.W.2d 640

STATE of Wisconsin, Plaintiff-Appellant, v. Virgil L. BURKS, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided December 2, 2003.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Peggy A. Lautenschlager, attorney general, and James M. Freimuth, assistant attorney general.

On behalf of the defendant-respondent, the cause was submitted on the brief of James R. Lucius of James Lucius Law Office, Greenfield.

Before Wedemeyer, P.J., Fine and Curley, JJ.

FINE, J.

¶ 1. The State of Wisconsin appeals from a postconviction circuit-court order granting a new trial to Virgil L. Burks. Burks shot a police officer, and a jury convicted him of attempted first-degree intentional homicide while using a dangerous weapon. See WIS. STAT. §§ 940.01(1)(a), 939.32(1)(a), 939.63. Before the trial, Burks tried to waive his right to a jury. The State consented. The trial...

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