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STATE v. UPCHURCH

No. 80-1829-CR.

101 Wis.2d 329 (1981)

305 N.W.2d 57

STATE of Wisconsin, Plaintiff-Respondent, v. Thurman UPCHURCH, Jr., Defendant-Appellant.

Supreme Court of Wisconsin.

Decided April 29, 1981.

Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by Ben Kempinen, legal assistance to institutionalized persons program, of Madison.

For the respondent the cause was argued by F. Joseph Sensenbrenner, Jr., assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

On by-pass from Court of Appeals.

BEILFUSS, C. J.

This matter comes before us on a petition to bypass the court of appeals filed by the petitioner Thurman Upchurch, Jr., pursuant to the terms of sec. 809.60, Stats. The petition was granted on January 19, 1981.

This case involves a question of the validity of the judgment and sentence entered against the defendant after his conviction as a repeat offender for possession of a controlled substance with...

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