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STATE v. DREW

No. 2006AP2522-CR.

740 N.W.2d 404 (2007)

2007 WI App 213

STATE of Wisconsin, Plaintiff-Respondent v. Ryan W. DREW, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed August 30, 2007.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Steven W. Zaleski of The Zaleski Law Firm, Janesville.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Maura FJ Whelan, asst. attorney general and J.B. Van Hollen, attorney general.

Before DYKMAN, VERGERONT and BRIDGE, JJ.

¶ 1 VERGERONT, J.

Ryan Drew appeals the judgment of conviction for substantial battery and possession of methamphetamines, contending that the out-of-court identification of him in a photograph array should have been suppressed and the subsequent in-court identification was tainted by the allegedly faulty photo array. The premise of both arguments is that State v. Dubose, 2005 WI 126, 285 Wis.2d 143,

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