2021 WI 76

SUPREME COURT OF WISCONSIN CASE NO.: 2018AP2319-CR

COMPLETE TITLE: State of Wisconsin, Plaintiff-Respondent-Petitioner, v. Manuel Garcia, Defendant-Appellant.

REVIEW OF DECISION OF THE COURT OF APPEALS Reported at 394 Wis. 2d 743,951 N.W.2d 631 PDC No:2020 WI App 71 - Published

OPINION FILED: September 24, 2021 SUBMITTED ON BRIEFS: ORAL ARGUMENT: September 13, 2021

SOURCE OF APPEAL: COURT: Circuit COUNTY: Racine JUDGE: Michael J. Piontek

JUSTICES: Per Curiam. NOT PARTICIPATING: HAGEDORN, J.

ATTORNEYS:

For the plaintiff-respondent-petitioner, there were briefs filed by John A. Blimling, assistant attorney general; with whom on the brief was Joshua L. Kaul, attorney general. There was an oral argument by John A. Blimling.

For the defendant-appellant, there was a brief filed by Emma Jewell, Sean O’Donnell Bosack, and Godfrey & Kahn, S.C., Milwaukee. There was an oral argument by Emma Jewell.

An amicus curiae brief was filed on behalf of the Wisconsin State Public Defender by Katie R. York, assistant state public defender. 2021 WI 76

NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 2018AP2319-CR (L.C. No. 2010CF365)

STATE OF WISCONSIN : IN SUPREME COURT

State of Wisconsin,

Plaintiff-Respondent-Petitioner, FILED v. SEP 24, 2021 Manuel Garcia, Sheila T. Reiff Defendant-Appellant. Clerk of Supreme Court

REVIEW of a decision of the Court of Appeals. Affirmed.

¶1 PER CURIAM. The court of appeals' decision is affirmed

by an equally divided court.

¶2 BRIAN HAGEDORN, J., withdrew from participation. No. 2018AP2319-CR

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