2004 WI 35

Supreme Court of Wisconsin

Case No.:		01-1402
Complete Title:
		State of Wisconsin, Plaintiff-Respondent, v. William H. Thornton, Jr., Defendant-Appellant-Petitioner.
		REVIEW OF A DECISION OF THE COURT OF APPEALS Reported at: 253 Wis. 2d 846, 644 N.W.2d 293 (Ct. App. 2002-Unpublished)
Opinion Filed:		March 30, 2004
Submitted on Briefs:
Oral Argument:		March 12, 2004
Source of Appeal:
	Court:	Circuit
	County:	Milwaukee
	Judge:	Clare L. Fiorenza
Justices:
	Concurred:
	Dissented:
	Not Participating:	SYKES, J., did not participate.
Attorneys:

For the defendant-appellant-petitioner there were briefs by Robert R. Henak and Henak Law Office, S.C., Milwaukee, and oral argument by Robert R. Henak.

For the plaintiff-respondent the cause was argued by William L. Gansner, assistant attorney general, with whom on the brief was Peggy A. Lautenschlager, attorney general.

2004 WI 35

notice

This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports.

No. 01-1402

(L.C. No.	92 CF 920660)
STATE OF WISCONSIN :		IN SUPREME COURT
State of Wisconsin, Plaintiff-Respondent, v. William H. Thornton, Jr., Defendant-Appellant-Petitioner.			FILED MAR 30, 2004 Cornelia G. Clark Clerk of Supreme Court

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

¶1 PER CURIAM.   The court is equally divided on the question of whether the decision of the court of appeals, State v. Thornton, No. 01-1402, unpublished slip op. (Wis. Ct. App. March 5, 2002), should be affirmed or reversed. Justice JON P. WILCOX, Justice DAVID T. PROSSER and Justice PATIENCE D. ROGGENSACK would affirm; Chief Justice SHIRLEY S. ABRAHAMSON, Justice ANN WALSH BRADLEY, and Justice N. PATRICK CROOKS would reverse. Justice DIANE S. SYKES did not participate.

¶2 Accordingly, the decision of the court of appeals is affirmed.