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STATE EX REL. PRELLWITZ v. SCHMIDT

No. 75-38-CR.

73 Wis.2d 35 (1976)

242 N.W.2d 227

STATE EX REL. PRELLWITZ, Plaintiff in error, v. SCHMIDT, Defendant in error.

Supreme Court of Wisconsin.

Decided June 2, 1976.

Attorney(s) appearing for the Case

For the plaintiff in error there were briefs by Howard B. Eisenberg, state public defender and Robert J. Paul, assistant state public defender, and oral argument by Robert J. Paul.

For the defendant in error the cause was argued by Charles D. Hoornstra, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

ROBERT W. HANSEN, J.

The primary challenge is to the sufficiency of the evidence to support the revocation of probation by the department of health and social services.

[1, 2] The evidence at the departmental hearing on revocation consisted primarily of facts contained in the department's files and records, establishing that the defendant had made no contact with the department over a five-year period...

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