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STATE v. SYKES

No. 78-738.

91 Wis.2d 436 (1979)

283 N.W.2d 446

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

Court of Appeals of Wisconsin.

Decided July 30, 1979.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Bronson C. La Follette, attorney general, and Michael R. Klos, assistant attorney general.

For the respondent the cause was submitted on the brief of Richard L. Cates, state public defender, of Madison, William J. Tyroler, assistant state public defender, of Milwaukee, and William G. Retert, first assistant public defender, of Fond du Lac.

Before Dean, P.J., Donlin, J., and Foley, J.

FOLEY, J.

The state appeals from an order discharging defendant Sykes from a detainer lodged against him by the State of Illinois under sec. 976.05, Stats. The issue is whether the state's failure to promptly bring Sykes before the court to permit compliance with the thirty-day hearing requirement of sec. 976.06, Stats.,1 required the discharge.

Sykes is a prisoner at the Wisconsin State Prison at Waupun. A detainer was lodged...

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