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KLIMAS v. STATE

No. 75-242-CR.

75 Wis.2d 244 (1977)

249 N.W.2d 285

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

Supreme Court of Wisconsin.

Decided January 18, 1977.

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.

For the defendant in error the cause was submitted on the brief of Bronson C. La Follette, attorney general, and David J. Becker, assistant attorney general.

HEFFERNAN, J.

The plaintiff in error, Alvin C. Klimas, hereinafter defendant, after a jury trial was convicted of the second-degree murder of his wife, Janice Marie Klimas. He was sentenced on June 24, 1974, to a term of not more than twenty years in the Wisconsin State Prison. The trial court denied his motion to modify the sentence brought on the grounds that it was excessive and failed to credit the time prior to trial when defendant was in custody because of financial...

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