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STATE v. SCHILZ

No. State 124.

50 Wis.2d 395 (1971)

184 N.W.2d 134

STATE, Respondent, v. SCHILZ, Appellant.

Supreme Court of Wisconsin.

Decided March 2, 1971.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Robert J. Lerner of Milwaukee.

For the respondent the cause was argued by Michael Malmstadt, assistant district attorney of Milwaukee county, with whom on the brief were Robert W. Warren, attorney general, and E. Michael McCann, district attorney.

HEFFERNAN, J.

The record indicates that the defendant at the time of trial was nineteen years old. He admitted that he had been convicted of juvenile crime and also that he had had more than one misdemeanor conviction as an adult. No request for a presentence investigation was made. Before sentencing, the trial judge stated:

"His answers were sarcastic to the district attorney and in this court's opinion, he is a...

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