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STATE v. JOHNSON

No. 80-742-CR.

101 Wis.2d 698 (1981)

305 N.W.2d 188

STATE of Wisconsin, Plaintiff-Respondent, v. Bobby Joe JOHNSON, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided March 24, 1981.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the brief of David C. Niblack, state public defender, and William J. Tyroler, assistant state public defender, of Milwaukee.

For the plaintiff-respondent the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Michael R. Klos, assistant attorney general.

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

SCOTT, J.

Bobby Joe Johnson, an inmate of the State Prison at Waupun, appeals from an order which denied his motion challenging, on equal protection grounds, the computation of his good time credit by the Department of Health and Social Services. We do not address this challenge because we conclude that the trial court had no jurisdiction to hear the motion. Johnson's avenue of relief lies not in moving the trial court under sec. 974.06, Stats.; it lies in petitioning...

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