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OCANAS v. STATE

No. State 43 (1974).

70 Wis.2d 179 (1975)

233 N. W. 2d 457

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

Supreme Court of Wisconsin.

Decided October 2, 1975.

Attorney(s) appearing for the Case

For the plaintiff in error the cause was submitted on the briefs of Howard B. Eisenberg, state public defender, and Robert J. Paul, assistant state public defender.

For the defendant in error the cause was submitted on the brief of Robert W. Warren, attorney general, and Robert D. Martinson, assistant attorney general.

Submitted under sec. (Rule) 251.54 September 9, 1975.

BEILFUSS, J.

The defendant presents two issues:

(1) Is the twenty-year sentence excessive and an abuse of discretion?

(2) Is the failure to modify his sentence in view of a three-year sentence given to his brother for the same offense an abuse of discretion and a denial of equal protection of the law?

At the trial the defendant claimed he was not guilty of forceable rape; that the...

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