State v. Newman

James D. Newman moves to dismiss the state's cross-appeal of an order dismissing two of the five counts in the criminal information dealing with securities fraud violations. The state contends that it has a statutory right to appeal because: (1) the language of sec. 974.05(2), Stats., allows the state to cross-appeal an acquittal on one count whenever a defendant appeals a conviction on another count in the same proceeding; and (2) even if analyzed as a direct appeal of a final judgment or order adverse to the state under sec. 974.05(1)(a), the acquittal is appealable because the double…