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STATE v. SMITH

No. 2003AP1698-CR.

283 Wis.2d 57 (2005)

2005 WI 104

699 N.W.2d 508

STATE of Wisconsin, Plaintiff-Respondent-Petitioner, v. Timothy Scott Bailey SMITH, Sr., Defendant-Appellant.

Supreme Court of Wisconsin.

Decided July 6, 2005.

Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner the cause was argued by James M. Freimuth, assistant attorney general, with whom on the briefs was Peggy A. Lautenschlager, attorney general.

For the defendant-appellant there was a brief and oral argument by Patrick M. Donnelly, assistant state public defender.

¶ 1. PATIENCE DRAKE ROGGENSACK, J.

The State of Wisconsin requests review of a published decision of the court of appeals, State v. Smith, 2004 WI App 116, 275 Wis.2d 204, 685 N.W.2d 821. The court of appeals reversed a judgment of the circuit court for Green County, the Honorable James R. Beer, presiding, convicting Timothy Smith, Sr....

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