GREGORY v. STATE

No. State 190.

63 Wis.2d 754 (1974)

218 N.W.2d 319

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

Supreme Court of Wisconsin.

Decided June 4, 1974.


Attorney(s) appearing for the Case

For the plaintiff in error there was a brief by Patrick J. Devitt, and oral argument by Laurence E. Norton II, both of Legal Aid Society of Milwaukee.

For the defendant in error the cause was argued by Christine M. Wiseman, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.


HANLEY, J.

The sole issue to determine on appeal is whether the actions of the trial court herein are constitutionally infirm for reliance in sentencing on the defendant's declaration of noncomplicity in the crime alleged during the sentence hearing.

The defendant contends that the trial court erred in relying on defendant's failure "to make a clean breast of things" in sentencing him. Such trial court action, he contends, penalized him for exercising his...

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