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LUNDE v. STATE

No. 76-386-CR.

85 Wis.2d 80 (1978)

270 N.W.2d 180

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

Supreme Court of Wisconsin.

Decided October 3, 1978.

Attorney(s) appearing for the Case

For the plaintiff in error the cause was submitted on the briefs of Howard B. Eisenberg, state public defender, and Melvin F. Greenberg, assistant state public defender.

For the defendant in error the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Maryann S. Calef, assistant attorney general.

HEFFERNAN, J.

Randy Lunde was convicted on February 11, 1976, of delivering on May 9, 1975, a Schedule III controlled substance, Phencyclidine (PCP), contrary to sec. 161.41(1)(b), Stats. The jury trial was presided over by Judge Allen Kinney, who imposed an indeterminate sentence of not more than three years. Subsequent to the death of Judge Kinney, the defendant's post-conviction motions were denied by an order of Judge Weisel. Writs of error were issued to review...

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