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STATE v. EVANS

No. 76-179-CR.

77 Wis.2d 225 (1977)

252 N.W.2d 664

STATE, Respondent, v. EVANS, Appellant.

Supreme Court of Wisconsin.

Decided April 19, 1977.

Attorney(s) appearing for the Case

For the appellant there were briefs by Thomas J. Balistreri and Shellow & Shellow of Milwaukee, and oral argument by Mr. Balistreri.

For the respondent the cause was argued by James H. Petersen, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

DAY, J.

This is an appeal from a judgment of the circuit court which affirmed an order of the Wisconsin Department of Health and Social Services (the Department) revoking Charles Evans' probation and returning him to the trial court for sentencing. The question is whether an otherwise valid basis for revocation—probationer's failure to account for his whereabouts and activities —is made invalid because the refusal is based on probationer's invocation...

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