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STATE v. PLOECKELMAN

No. 2006AP1180-CR.

729 N.W.2d 784 (2007)

2007 WI App 31

STATE of Wisconsin, Plaintiff-Appellant, v. Dale C. PLOECKELMAN, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed January 23, 2007.

Attorney(s) appearing for the Case

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

On behalf of the defendant-respondent, the cause was submitted on the brief of Rand Krueger of Krueger Law Office of Wausau.

Before CANE, C.J., HOOVER, P.J., and PETERSON, J.

¶ 1 CANE, C.J.

The State of Wisconsin appeals an order dismissing its criminal complaint against Dale Ploeckelman for felony theft by fraud under WIS. STAT. § 943.20(1)(d).1 The State alleged Ploeckelman misrepresented the quality of milk he sold to Mullins Cheese Inc. The State argues the circuit court erred as a matter of law when it dismissed the felony complaint, after concluding...

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