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STATE v. FOELLMI

No. State 137.

57 Wis.2d 572 (1973)

205 N.W.2d 144

STATE, Appellant, v. FOELLMI, Respondent.

Supreme Court of Wisconsin.

Decided March 13, 1973.

Attorney(s) appearing for the Case

For the appellant the cause was argued by Robert D. Martinson, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

For the respondent there was a brief by Rice & Abbott and Steven Luse Abbott, all of Sparta, and oral argument by Steven Luse Abbott.

WILKIE, J.

One issue is presented by this appeal: May a trial court validly sentence an individual to a term of one year or more in the state reformatory with the intention (at the time of sentencing) of bringing such individual two months thereafter before the court in order to modify the initial sentence, stay such sentence, and grant probation?

The trial court's original sentence here was invalid because it did not conform to the requirements of sec. 973...

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