Opinion
Case No.: 98-0248-CR.
Oral Argument: May 31, 2000.
Opinion Filed: June 16, 2000.
Review of a Decision of the Court of Appeals, Reported at: 229 Wis.2d 733 (Ct.App. 1999 — Unpublished).
APPEAL from COURT: Circuit Court, Marathon County, Vincent K. Howard, Judge.
For the defendant-appellant-petitioner there were briefs and oral argument by Jack E. Schairer, assistant state public defender.
For the plaintiff-respondent the cause was argued by Paul G. Lundsten, assistant attorney general, with whom on the brief was James E. Doyle, attorney general.
Not Participating: BRADLEY, J., did not participate.
The court is equally divided on the question of whether the decision of the court of appeals should be affirmed or reversed. Justice JON P. WILCOX, Justice N. PATRICK CROOKS, and Justice DIANE S. SYKES would affirm; Chief Justice SHIRLEY S. ABRAHAMSON, Justice WILLIAM A. BABLITCH, and Justice DAVID T. PROSSER would reverse. Justice ANN WALSH BRADLEY did not participate.
¶ 2. Accordingly, the decision of the court of appeals is affirmed.