STATE v. LEONARD

No. State 128.

39 Wis.2d 461 (1968)

159 N.W.2d 577

STATE, Respondent, v. LEONARD, Appellant.

Supreme Court of Wisconsin.

Decided June 28, 1968.


Attorney(s) appearing for the Case

For the appellant there were briefs by Lowry, Hunter & Tikalsky, attorneys, and Donald J. Tikalsky and James L. Steimel of counsel, all of Waukesha, and oral argument by Mr. Steimel.

For the respondent 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 Roger P. Murphy, district attorney of Waukesha county.

A brief amicus curiae was filed by Robert H. Friebert, public defender, for John F. Leonard.


WILKIE, J.

Two issues are presented on this appeal:

1. On resentencing may a defendant be given a harsher sentence than the one originally imposed?

2. On resentencing was the defendant here given credit for time already served under the original sentence?

Increased Sentence on Resentencing.

The first issue raises a question of first impression in this court. Essentially, defendant's argument is that the

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