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STATE v. GRUNKE

Nos. 2006AP2744-CR, 2006AP2745-CR, 2006AP2746-CR.

738 N.W.2d 137 (2007)

2007 WI App 198

STATE of Wisconsin, Plaintiff-Appellant, v. Alexander Caleb GRUNKE, Defendant-Respondent. State of Wisconsin, Plaintiff-Appellant, v. Nicholas Owen Grunke, Defendant-Respondent. State of Wisconsin, Plaintiff-Appellant, v. Dustin Blake Radke, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed July 26, 2007.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of William L. Gansner, Assistant Attorney General, and J.B. Van Hollen, Attorney General.

On behalf of the defendant-respondent, Nicholas Owen Grunke, the cause was submitted on the brief of Suzanne Edwards of Law Office of Suzanne Edwards, Dodgeville.

On behalf of the defendant-respondent, Dustin Blake Radke, the cause was submitted on the brief of Jefren E. Olsen, Assistant State Public Defender of Madison.

Before DYKMAN, VERGERONT and HIGGINBOTHAM, JJ.

¶ 1 DYKMAN, J.

The State appeals from an order dismissing one count of attempted third-degree sexual assault contrary to WIS. STAT. § 940.225(3) (2005-06)1 against Nicholas Grunke, Alexander Grunke, and Dustin Radke. The State asserts that the circuit court erred in concluding that § 940.225(7) allows prosecution for the sexual assault of a dead body only if the defendant committed the sexual assault in a series of acts...

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