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STATE v. PHILLIPS

No. 2012AP2103-CR.

842 N.W.2d 504 (2013)

2014 WI App 3

STATE of Wisconsin, Plaintiff-Respondent, v. Cody G. PHILLIPS, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed December 18, 2013.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Deborah J. Stahl of Law Office of Deborah J. Stahl, Middleton.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Sally L. Wellman , assistant attorney general, and J.B. Van Hollen , attorney general.

Before NEUBAUER, P.J., REILLY and GUNDRUM, JJ.

¶ 1 REILLY, J.

Cody Phillips, a juvenile, was improperly waived into adult court as state statute prevented waiver on one of the two counts for which he was waived. Phillips sought remand to the juvenile court. The adult court refused to return Phillips to the juvenile court, and Phillips appeals. We agree that remand to the juvenile court was required as the juvenile court lacked competency to waive its jurisdiction over one of the counts upon which Phillips...

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