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HANSON v. STATE

No. State 15.

52 Wis.2d 396 (1971)

190 N.W.2d 129

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

Supreme Court of Wisconsin.

Decided October 5, 1971.

Attorney(s) appearing for the Case

For the plaintiff in error there were briefs and oral argument by James H. McDermott, state public defender.

For the defendant in error the cause was argued by George L. Frederick, assistant attorney general, with whom on the brief were Robert W. Warren, attorney general, William A. Platz, assistant attorney general, and Ralph E. Osborne, district attorney of Monroe county.

HEFFERNAN, J.

The state's initial contention is that this court is without jurisdiction to review the action of the trial court because defendant's motion was not timely brought. It bases this contention upon the premise that defendant's motion was one to modify the sentence and, relying upon Hayes v. State (1970), 46 Wis.2d 93, 175 N.W.2d 625, asserts that such motion was required to...

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