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CRESCI v. STATE

No. 76-639-CR.

89 Wis.2d 495 (1979)

278 N.W.2d 850

CRESCI, Plaintiff in error, v. STATE, Defendant in error.

Supreme Court of Wisconsin.

Decided May 30, 1979.

Attorney(s) appearing for the Case

For the plaintiff in error the cause was submitted on the briefs of John I. Norsetter, Legal Assistant to Inmates Program of Madison.

For the defendant in error the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Edward S. Marion, assistant attorney general.

DAY, J.

The court is asked to review an order, entered December 21, 1976, the Honorable John L. Coffey, presiding, denying the plaintiff in error's motion to amend sentence.

The principal question on appeal is: Did the trial court err when it failed to give notice to the defendant or his attorney of the hearing on the motion?

[1]

We hold that it was error and that as a matter of law it...

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