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STATE v. TOLLEFSON

No. 76-007-CR.

85 Wis.2d 162 (1978)

270 N.W.2d 201

STATE, Respondent, v. TOLLEFSON, Appellant.

Supreme Court of Wisconsin.

Decided October 3, 1978.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Howard B. Eisenberg, state public defender, and Richard M. Sals, assistant state public defender.

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

DAY, J.

This is an appeal from a judgment of conviction and sentence for escape, contrary to sec. 946.42(2) (d), Stats. 1975, entered on February 23, 1976, and an order denying a motion for post-conviction relief entered on June 17, 1976, in the county court for Polk county, the Honorable Michael B. Cwayna, presiding.

The question is, did the trial court have the authority to sentence the defendant under sec. 946.42(2) (d), Stats., when the defendant at the...

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