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Eau Claire County v. Knuth

12/30/1999

tion decision reviewed, simply because she expedited the process by avoiding an unnecessary trial." It may well be "unfortunate for her," as Knuth maintains, but an extension of the exception to the guilty plea waiver rule under § 971.31(10), Stats., to civil forfeiture actions is a matter for the legislature, not this court. Moreover, we note that many appeals of denials of suppression motions in civil forfeiture actions come to us without a full bench or jury trial having been conducted in the circuit court. Rather, in cases where the only potentially meritorious defense is based on the suppression of evidence, the defendant will often proceed to a brief bench "trial on stipulated evidence," such as police reports and chemical test results. This procedure avoids the entry of a guilty or no contest plea, while still minimizing litigation costs for the defendant, the prosecuting entity and the circuit court.


CONCLUSION


. For the reasons discussed above, we affirm the judgment of conviction.


By the Court. -- Judgment affirmed.


This opinion will not be published. See Rule 809.23(1)(b)4, Stats.






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