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STATE v. JOHNSON

No. 2004AP2059-CR.

287 Wis.2d 381 (2005)

2005 WI App 201

704 N.W.2d 625

STATE of Wisconsin, Plaintiff-Respondent, v. Mark R. JOHNSON, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided August 24, 2005.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Jefren E. Olsen, assistant state public defender, Madison.

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

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

¶ 1. ANDERSON, P.J.

Mark R. Johnson seeks to reduce his restitution obligation to the insurer of the local business he was convicted of burglarizing. The challenged amount represents the victim's lost profits on a prospective sale of products and services. While Johnson concedes that lost profits on a prospective sale may be imposed as restitution under WIS. STAT. § 973.20(5)(a) (2003-04),1<...

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