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STATE v. MILLER

No. 2007AP1052-CR.

772 N.W.2d 188 (2009)

2009 WI App 111

STATE of Wisconsin, Plaintiff-Appellant, v. James D. MILLER, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed July 2, 2009.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of William C. Wolford, assistant attorney general, and J.B. Van Hollen, attorney general.

On behalf of the defendant-respondent, the cause was submitted on the brief of James D. Miller, pro se.

Before HIGGINBOTHAM, P.J., DYKMAN and VERGERONT, JJ.

¶ 1 HIGGINBOTHAM, P.J.

The State appeals an order vacating James D. Miller's judgment of conviction for first-degree reckless injury while armed with a dangerous weapon, in violation of WIS. STAT. § 940.23(1) (2005-06),1 and aggravated battery while armed with a dangerous weapon, in violation of WIS. STAT. § 940.19(5). Because we conclude that the evidence was insufficient to convict Miller of first-degree reckless injury...

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