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STATE EX REL. EDER v. MATTEWS

No. 82-1294.

115 Wis.2d 129 (1983)

340 N.W.2d 66

STATE of Wisconsin EX REL. Virgil EDER, Petitioner-Respondent, v. James MATTHEWS, Superintendent, Winnebago State Camp, and Donald Percy, Secretary, Department of Health & Social Services, Respondents-Appellants.

Court of Appeals of Wisconsin.

Decided September 13, 1983.

Attorney(s) appearing for the Case

For the respondents-appellants the cause was submitted on the brief of Bronson C. La Follette, attorney general, Michael R. Klos, assistant attorney general. Oral argument by Michael R. Klos.

For the petitioner-respondent the cause was submitted on the brief of Richard D. Martin, assistant state public defender. Oral argument by Richard D. Martin.

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

SCOTT, C.J.

The Department of Health and Social Services appeals from an order that Virgil Eder's good time be computed according to the formula for a continuing sentence set out in sec. 53.11 (1), Stats.,1 and not the formula for a new sentence set out in a Department memorandum. The question before us is whether the trial court properly determined that the Department's formula could not be used retroactively to compute Eder's good time...

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