State v. Andrews

The State of Wisconsin appeals for the second time from James Andrews' judgment of conviction for delivery of a controlled substance and from the resulting order of probation. On remand, the trial court held that the University of Wisconsin — Oshkosh does not qualify as a school under sec. 161.49, Stats., an argument Andrews first presented following the remand, and therefore that the sec. 161.49 school area penalty enhancer relied upon by the state was not applicable. The trial court agreed and thus reinstated its original order of six years probation, but on different grounds than the first…