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STATE v. GIBBONS

No. 75-130-CR.

71 Wis.2d 94 (1976)

237 N.W.2d 33

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

Supreme Court of Wisconsin.

Decided January 6, 1976.

Attorney(s) appearing for the Case

For the plaintiff in error: Bronson C. La Follette, attorney general, and William A. Platz, assistant attorney general.

For the defendant in error: Howard B. Eisenberg, state public defender.

BEILFUSS, J.

The public defender has moved to dismiss the writ of error or to summarily affirm the judgment of conviction and sentence. Under sec. 974.05 (1) (c), Stats., the state is permitted to appeal a "judgment and sentence ... not authorized by law". "judgment" is defined as an adjudication by the court that the defendant is guilty or not guilty. Sec. 967.02 (8). The state is not challenging the judgment in this case. As the public defender points out, a sentence...

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