State v. Sher

This court accepted this appeal on certification by the court of appeals pursuant to sec. 809.61, Stats. 1987-88. The State appealed an order by the circuit court for Kenosha county, Honorable David M. Bastían, judge, that dismissed a criminal complaint on the grounds that the six year Statute of Limitations was not tolled during the time the defendant was "publicly a resident" of Florida. The circuit court held that the Statute of Limitations, sec. 939.74(1), Stats., 1 had run and therefore the State of Wisconsin (State) could not prosecute the defendant, Mort Sher (Sher) for alleged…