State v. Armstrong

PER CURIAM,

¶ 1. (on motion for reconsideration). On motion for reconsideration, defendant-appellant Tonnie D. Armstrong asks this court to reverse his conviction, contending that harmless error is inapplicable where an appeal is filed under Wis. Stat. § 971.31(10). Armstrong contends that our opinion in this case contravened prior Wisconsin precedent without addressing that precedent. At the least, Armstrong requests an opportunity for both parties to brief and argue this issue.

¶ 2. To clarify the original Armstrong opinion, we modify footnote 38 of the opinion at 223 Wis. 2d 331, 369-70, 588…