State v. Deborah J.Z.

590 N.W.2d 711, 225 Wis. 2d 33, 1999 Wisc. LEXIS 27

Opinion

PER CURIAM.

¶ 1. The court is equally divided on whether to affirm or reverse the order of the circuit court on the charge of attempted first degree intentional homicide. Justice Donald W. Steinmetz, Justice Jon P. Wilcox, and Justice N. Patrick Crooks would affirm; Justice William A. Bablitch, Justice Ann Walsh Bradley, and Justice David T. Prosser would reverse.

¶ 2. When a certification results in a tie vote by this court, a course of action is to vacate our decision to accept certification and remand the cause to the court of appeals. State v. Watson, 209 Wis. 2d 281, 282, 562 N.W.2d 151 (1997)(vacating order granting certification and remanding to court of appeals); State v. Richard Knutson, Inc., 191 Wis. 2d 395, 396-97, 528 N.W.2d 430 (1995)(remanding to court of appeals on a tie vote on certification).

¶ 3. Accordingly, we vacate our order granting certification and remand the cause to the court of d.pp63.1s

¶ 4. SHIRLEY S. ABRAHAMSON, CHIEF JUSTICE, did not participate.