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MATTICE v. STATE

No. State 137.

50 Wis.2d 380 (1971)

184 N.W.2d 94

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

Supreme Court of Wisconsin.

Decided March 2, 1971.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief by Charles J. Herro and Herro, Snyder, Chapman & Snyder, all of Oconomowoc, and oral argument by Charles J. Herro.

For the defendant in error the cause was argued by Thomas J. Balistreri, assistant attorney general, with whom on the brief were Robert W. Warren, attorney general, William A. Platz, assistant attorney general, and Roger P. Murphy, district attorney of Waukesha county.

HANLEY, J.

The sole issue is whether or not the reasons for the rescission of probation and imposition of the sentence previously imposed are affirmatively stated in the record.

In State v. Leonard (1968), 39 Wis.2d 461, 473, 159 N.W.2d 577, this court adopted the following rule:

"... Hereafter, on resentencing following a second conviction after retrial, or mere resentencing...

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