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DRINKWATER v. STATE

No. 75-181-CR.

73 Wis.2d 674 (1976)

245 N.W.2d 664

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

Supreme Court of Wisconsin.

Decided October 5, 1976.

Attorney(s) appearing for the Case

For the plaintiff in error the cause was submitted on the brief 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 Bronson C. La Follette, attorney general, and Thomas J. Balistreri, assistant attorney general.

HANLEY, J.

Two issues are presented for review:

1. Was defendant denied equal protection of the law and thus penalized for exercising his Sixth Amendment right to a jury trial in that his codefendant received a lesser sentence?

2. Is the defendant's sentence excessive and an abuse of discretion?

Disparity between sentences.

Defendant contends that the trial judge punished him for exercising his right to a jury trial by sentencing...

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