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STEENO v. STATE

Nos. 76-388-CR, 76-660-CR.

85 Wis.2d 663 (1978)

271 N.W.2d 396

STEENO, Plaintiff in error, v. STATE, Defendant in error. STUBBENDICK, 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 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 Nadim Sahar, assistant attorney general.

COFFEY, J.

Steeno was convicted on August 24, 1976 for being in violation of sec. 343.44 (2), Stats. 1975. The conviction was his third under that statute and he was accordingly sentenced to one year in the Brown County jail pursuant to the mandatory sentencing provisions of the statute. Steeno filed a post-conviction motion pursuant to sec. 974.06, Stats., alleging the one year mandatory imprisonment provision under sec. 343.44 (2), Stats., constituted cruel and...

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