No. State 79 (1974).

72 Wis.2d 327 (1976)

240 N.W.2d 635

STATE, Respondent, v. THEOHAROPOULOS, Appellant.

Supreme Court of Wisconsin.

Decided April 20, 1976.

Attorney(s) appearing for the Case

For the appellant there was a brief by James A. Walrath and Shellow & Shellow of Milwaukee, and a reply brief by James R. Glover and Shellow & Shellow of Milwaukee, and oral argument by Mr. Glover.

For the respondent the cause was argued by Michael R. Klos, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.


This is an appeal from an order denying defendant's motion for postconviction relief pursuant to sec. 974.06, Stats., entered on February 15, 1974. The defendant sought to have his conviction of February 18, 1969, for the sale of marijuana for smoking purposes, set aside. At the time the defendant filed his petition for relief, he had been discharged from supervision and custody as the result of the 1969 conviction and was not, as is required by sec...

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