SMITH v. STATE


33 Wis.2d 695 (1967)

SMITH, Plaintiff in error, v. STATE, Defendant in error.

Supreme Court of Wisconsin.

February 8, 1967.


Attorney(s) appearing for the Case

For the plaintiff in error there was a brief and oral argument by Robert H. Friebert, public defender.

For the defendant in error the cause was argued by Betty R. Brown, assistant attorney general, with whom on the brief were Bronson C. La Follette, attorney general, William A. Platz, assistant attorney general, and Gerald Clickner, district attorney of Racine county.


CURRIE, C. J.

We are here confronted with these three issues:

(1) Must a defendant, whose sentence has been withheld and who is placed on probation, be accorded the right to have counsel at the subsequent sentencing following revocation of probation unless he intelligently, voluntarily and understandingly waives such right?

(2) If the answer is in the affirmative, can the alleged error of failure to obtain such an intelligent, voluntary and understanding...

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