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SUPREME COURT OF WISCONSIN CASE NO.: 2018AP651-CR

COMPLETE TITLE: State of Wisconsin, Plaintiff-Respondent-Cross Petitioner, v. Kelly James Kloss, Defendant-Appellant-Petitioner.

REVIEW OF DECISION OF THE COURT OF APPEALS Reported at 386 Wis. 2d 314,925 N.W.2d 563 PDC No:2019 WI App 13 - Published

OPINION FILED: March 6, 2020 SUBMITTED ON BRIEFS: ORAL ARGUMENT: October 14, 2019

SOURCE OF APPEAL: COURT: Circuit COUNTY: St. Croix JUDGE: Eugene D. Harrington

JUSTICES: PER CURIAM.

REBECCA GRASSL BRADLEY and DANIEL KELLY, JJ., dissent. NOT PARTICIPATING:

ATTORNEYS:

For the plaintiff-respondent-cross petitioner, there were briefs filed by Lisa E.F. Kumfer, assistant attorney general, with whom on the brief was Joshua L. Kaul, attorney general. There was an oral argument by Lisa E.F. Kumfer.

For the defendant-appellant-petitioner, there were briefs filed by Steven L. Miller and Miller Appellate Practice, LLC, River Falls. There was an oral argument by Steven L. Miller. 2020 WI 26

NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 2018AP651-CR (L.C. No. 2014CF465)

STATE OF WISCONSIN : IN SUPREME COURT

State of Wisconsin,

Plaintiff-Respondent-Cross Petitioner, FILED v. MAR 6, 2020 Kelly James Kloss, Sheila T. Reiff Clerk of Supreme Court Defendant-Appellant-Petitioner.

REVIEW of a decision of the Court of Appeals. Dismissed as

improvidently granted.

¶1 PER CURIAM. Kelly Kloss and the State cross-petitioned

for review of the decision of the court of appeals, State v. Kloss,

2019 WI App 13, 386 Wis. 2d 314, 925 N.W.2d 563. After reviewing

the record and the briefs of both parties, and after hearing oral

arguments, we conclude this matter should be dismissed as

improvidently granted. No. 2018AP651-CR

¶2 By the Court.—The review of the decision of the court of

appeals is dismissed as improvidently granted.

¶3 REBECCA GRASSL BRADLEY and DANIEL KELLY, JJ., dissent.

2 No. 2018AP651-CR

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