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STATE v. SITTIG

No. 75-680-CR.

75 Wis.2d 497 (1977)

249 N.W.2d 770

STATE, Respondent, v. SITTIG, Appellant.

Supreme Court of Wisconsin.

Decided February 1, 1977.

Attorney(s) appearing for the Case

For the appellant there was a brief by Nathan and Kremkoski, Associates, and oral argument by Arthur B. Nathan, all of Racine.

For the respondent the cause was argued by Marguerite M. Moeller, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

HANLEY, J.

Two issues are presented on this appeal:

1. Is the mandatory sentencing provision of sec. 343.44(2), Stats., unconstitutional in that it violates the doctrine of separation of powers?

2. Does mandatory sentencing of persons convicted under sec. 343.44(1), Stats., deny those persons equal protection of the laws?

Separation of Powers

[1]

The defendant contends that the mandatory sentencing provision...

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