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STATE v. MARTIN

No. 80-782-CR.

100 Wis.2d 326 (1981)

302 N.W.2d 58

STATE of Wisconsin, Respondent, v. Dale MARTIN, Appellant.

Court of Appeals of Wisconsin.

Decided January 13, 1981.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Michael Yovovich, 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.

FOLEY, J.

Does a trial judge abuse his sentencing discretion when he uniformly refuses to consider a grant of probation for an offense even though probation is an available sentencing alternative? We hold, and the state concedes, that this mechanistic approach to sentencing is not the exercise of sentencing discretion. The sentence must therefore be vacated, and this case must be remanded for the resentencing of Dale Martin.

Martin was convicted of delivery...

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