State v. Wilson

¶ 1. The State appeals from the trial court's refusal to bind Romero D. Wilson over for trial after a preliminary examination. Wilson moves to dismiss the appeal, contending that under WlS. STAT. § 974.05(l)(a) (1997-98), 1 as amended in 1991, the State may not appeal as of right but must seek discretionary review pursuant to WlS. Stat. Rule 809.50. We conclude that the trial court's order dismissing the criminal complaint is a final order appealable as of right. We deny the motion to dismiss.

¶ 2. State v. Fry, 129 Wis. 2d 301, 304, 385 N.W.2d 196 (Ct. App. 1985), holds that an order…