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SMITH v. STATE

Nos. 76-506-CR, 76-527-CR.

85 Wis.2d 650 (1978)

271 N.W.2d 20

SMITH, Plaintiff in error, v. STATE, Defendant in error. MARCINIAK, Plaintiff in error, v. STATE, Defendant in error.

Supreme Court of Wisconsin.

Decided October 31, 1978.

Attorney(s) appearing for the Case

For the plaintiff in error the cause was submitted on the briefs of Ben Kempinen, Legal Assistance to Inmates Program, of Madison. [Case Nos. 76-506-CR, 76-527-CR.]

For the defendant in error the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Betty R. Brown, assistant attorney general. [Case Nos. 76-506-CR, 76-527-CR.]

HEFFERNAN, J.

We are asked to decide in these two cases whether, in circumstances where a defendant has been convicted of multiple offenses, but placed on probation with sentencing withheld or execution of sentence stayed, consecutive sentences may be imposed or allowed to go into effect following revocation of probation.

In each of these cases the defendant was found guilty of multiple felony offenses and initially placed on probation.

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