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BIRTS v. STATE

No. State 1.

68 Wis.2d 389 (1975)

228 N. W. 2d 351

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

Supreme Court of Wisconsin.

Decided May 6, 1975.

Attorney(s) appearing for the Case

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

For the defendant in error there was a brief by Robert W. Warren, attorney general, and Christine M. Wiseman, assistant attorney general, and oral argument by William L. Gansner, assistant attorney general.

WILKIE, C. J.

The controversy on this review concerns an attempt by Berry W. Birts, the plaintiff in error, to withdraw his guilty plea that led to his conviction of battery to a police officer in violation of sec. 940.205, Stats., and carrying a concealed weapon in violation of sec. 941.23. He was sentenced to two years on the first charge, and one year on the second, the sentences to run concurrently with each other and...

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