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STATE v. AGNELLO

No. 00-2599-CR.

261 Wis.2d 331 (2003)

2003 WI 44

STATE of Wisconsin, Plaintiff-Respondent, v. Lucian AGNELLO, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided May 22, 2003.

Attorney(s) appearing for the Case

For the defendant-appellant there were briefs by Jerome F. Buting and Buting & Williams, S.C., Brookfield, and oral argument by Jerome F. Buting.

For the plaintiff-respondent the cause was argued by Gregory M. Weber, assistant attorney general, with whom on the brief was James E. Doyle, attorney general.

¶ 1. PER CURIAM.

The court is equally divided on whether to affirm or reverse the judgment of the circuit court for Milwaukee County. Justice William A. Bablitch, Justice Jon P. Wilcox, and Justice N. Patrick Crooks would affirm. Chief Justice Shirley S. Abrahamson, Justice Ann Walsh Bradley, and Justice David T. Prosser would reverse. Justice Diane S. Sykes did not participate.

¶ 2. When a certification or bypass results in a tie vote by this court...

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