STATE v. PIERCE

No. 82-2124.

117 Wis.2d 83 (1983)

342 N.W.2d 776

STATE of Wisconsin, Plaintiff-Respondent, v. Earl P. PIERCE, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided December 27, 1983.


Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Ben Kempinen and Legal Assistance to Institutionalized Persons Program of Madison.

For the plaintiff-respondent the cause was submitted on the brief of Robert J. Wells, Jr., assistant district attorney.

Before Gartzke, P.J., Dykman, J. and Gordon Myse, Reserve Judge.


GORDON MYSE, Reserve Judge.

This is an appeal from an order denying appellant's motion for post-conviction relief. Sec. 974.06, Stats. Appellant sought relief from his resentencing which imposed a term of two years' imprisonment. We affirm the trial court's order but remand for recomputation of credit for time served.

The trial court initially sentenced appellant for a battery conviction as a "repeater" under sec. 939.62(1) (a),

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