SUPREME COURT OF WISCONSIN

Case No.: 98-0152

Complete Title

of Case:

In re the Commitment of Wilbert L. Thomas:

State of Wisconsin,

Petitioner-Respondent-Petitioner,

v.

Wilbert L. Thomas,

Respondent-Appellant.

ON REVIEW OF A DECISION OF THE COURT OF APPEALS

Reported at: 226 Wis. 2d 159, 594 N.W.2d 418

(Ct. App. 1999-Unpublished)

Opinion Filed: December 8, 1999

Submitted on Briefs:

Oral Argument: November 11, 1999

Source of APPEAL

COURT: Circuit

COUNTY: Racine

JUDGE: Emmanuel Vuvunas

JUSTICES:

Concurred:

Dissented:

Not Participating: PROSSER, J., did not participate.

ATTORNEYS: For the petitioner-respondent-petitioner the cause was argued by Brian E. Pawlak, assistant district attorney, with whom on the briefs was Robert S. Flancher, district attorney and Michael E. Nieskes, deputy district attorney.

For the respondent-appellant there was a brief by assistant state public defenders Mark Lukoff, Robert W. Peterson and Jack E. Schairer and oral argument by Jack E. Schairer, assistant state public defender.

NOTICE

This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports.

No. 98-0152

STATE OF WISCONSIN : IN SUPREME COURT

FILED

DEC 8, 1999

Marilyn L. Graves

Clerk of Supreme Court

Madison, WI

In re the Commitment of Wilbert L.

Thomas:

State of Wisconsin,

Petitioner-Respondent-

Petitioner,

v.

Wilbert L. Thomas,

Respondent-Appellant.

REVIEW of a decision of the Court of Appeals. Affirmed.

¶1 PER CURIAM. The court is equally divided on the question of whether the unpublished decision of the court of appeals, State v. Thomas, no. 98-0152 (Dec. 9, 1998), should be affirmed or reversed. Chief Justice SHIRLEY S. ABRAHAMSON, Justice WILLIAM A. BABLITCH and Justice ANN WALSH BRADLEY would affirm; Justice JON P. WILCOX, Justice N. PATRICK CROOKS and Justice DIANE S. SYKES would reverse. Justice DAVID T. PROSSER did not participate.

¶2 Accordingly, the decision of the court of appeals is affirmed.