
    State of Wisconsin, Plaintiff-Respondent, v. William H. Thornton, Jr., Defendant-Appellant-Petitioner.
    Supreme Court
    
      No. 01-1402.
    
    
      Oral argument March 12, 2004.
    
      Decided March 30, 2004.
    
    2004 WI 35
    (Also reported in 677 N.W.2d 274.)
    For the defendant-appellant-petitioner there were briefs by Robert R. Henak and Henak Law Office, S.C., Milwaukee, and oral argument by Robert R. Henak.
    
    
      For the plaintiff-respondent the cause was argued by William L. Gansner, assistant attorney general, with whom on the brief was Peggy A. Lautenschlager, attorney general.
   PER CURIAM.

¶ 1. The court is equally divided on the question of whether the decision of the court of appeals, State v. Thornton, No. 01-1402, unpublished slip op. (Wis. Ct. App. March 5, 2002), should be affirmed or reversed.

Justice JON E WILCOX, Justice DAVID T. PROSSER and Justice PATIENCE D. ROGGENSACK would affirm; Chief Justice SHIRLEY S. ABRAHAMSON, Justice ANN WALSH BRADLEY, and Justice N. PATRICK CROOKS would reverse. Justice DIANE S. SYKES did not participate.

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