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STATE EX REL. LYONS v. H&SS DEPT.

No. 81-170.

105 Wis.2d 146 (1981)

312 N.W.2d 868

STATE EX REL. Robert LYONS, Petitioner-Appellant, v. DEPARTMENT OF HEALTH & SOCIAL SERVICES, State of Wisconsin, Respondent.

Court of Appeals of Wisconsin.

Decided October 26, 1981.

Attorney(s) appearing for the Case

For the petitioner-appellant the cause was submitted on the brief of Steven D. Phillips, assistant state public defender.

For the respondent the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Kirbie Knutson, assistant attorney general.

Before Voss, P.J., Brown and Scott, JJ.

SCOTT, J.

Robert Lyons appeals from a judgment affirming the revocation of his probation. Lyons' principal argument is that a probationer's mental disease or defect should be recognized as a defense to a probation revocation.

After a trial to the court on the charge of carrying a concealed weapon, Lyons was found not guilty by reason of mental disease or defect and committed to the Winnebago Mental Health Institute...

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