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STATE v. FORTUN

No. 2009AP1172-CR.

780 N.W.2d 238 (2010)

2010 WI App 32

STATE of Wisconsin, Plaintiff-Appellant, v. Rene L. FORTUN, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed January 14, 2010.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Daniel J. O'Brien, assistant attorney general, and J.B. Van Hollen, attorney general.

On behalf of the defendant-respondent, the cause was submitted on the brief of Todd E. Schroeder of Devanie, Belzer & Schroeder, La Crosse.

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

¶ 1 LUNDSTEN, J.

Rene Fortun altered a drug prescription and presented it to a pharmacist. She altered the quantity of pills from 60 to 120. The question on appeal is whether the drug prescription from her doctor is a writing that creates "legal rights" within the meaning of the forgery statute, WIS. STAT. § 943.38(1)(a) (2007-08).1 The circuit court answered that question no and,...

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