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STATE v. ADERHOLD

No. 79-214-CR.

91 Wis.2d 306 (1979)

284 N.W.2d 108

STATE, Plaintiff-Respondent, v. ADERHOLD, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided July 13, 1979.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Richard L. Cates, State Public Defender, and Bryan J. Borman, Assistant State Public Defender.

For the plaintiff-respondent the cause was submitted on the brief of Bronson C. La Follette, Attorney General, and Thomas J. Balistreri, Assistant Attorney General.

Before Decker, C.J., Cannon, P.J., and Moser, J.

MOSER, J.

The defendant, Aderhold, presents this court with an issue never yet directly decided by any Wisconsin appellate court: whether "street time" spent on probation must be deducted from a prison sentence to be served following a probation revocation hearing.

On May 5, 1977, the defendant pleaded guilty to operating an automobile without the owner's consent in violation of sec. 943.23, Stats. Pursuant to plea negotiations, the charge of operating an...

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