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STATE v. QUIROZ

No. 88-1589-CR.

149 Wis.2d 691 (1989)

439 N.W.2d 621

STATE of Wisconsin, Plaintiff-Appellant, v. Nilda E. QUIROZ, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided March 22, 1989.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the brief of Donald J. Hanaway, attorney general, and Michael R. Klos, assistant attorney general.

On behalf of the defendant-respondent, the cause was submitted on the brief of Elizabeth E. Stephens, assistant state public defender.

Before Scott, C.J., Nettesheim and Sundby, JJ.

NETTESHEIM, J.

The state of Wisconsin appeals from an order dismissing a criminal complaint against Nilda Quiroz for escape, contrary to sec. 946.42(3)(a), Stats. The trial court held that the criminal action against Quiroz was barred under the fifth amendment double jeopardy clause because Quiroz had already been punished for the escape when her mandatory release date was extended by the prison disciplinary committee. Relying on State v. Killebrew,

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