STATE v. BERNAL

No. 81-2071-CR.

111 Wis.2d 280 (1983)

330 N.W.2d 219

STATE of Wisconsin, Plaintiff-Respondent, v. Julio BERNAL, Jr., Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided January 10, 1983.


Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Ruth S. Downs, assistant state public defender.

For the plaintiff-respondent the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Stephen W. Kleinmaier, assistant attorney general.

Before Gartzke, P.J., Bablitch, J. and Dykman, J.


GARTZKE, P.J.

Defendant appeals from a judgment of conviction for second-degree murder, sec. 940.02, Stats., and from an order denying his motions for a new trial and to modify the sentence. The issues are whether the trial court erred in refusing to give a requested instruction to the jury and when it imposed the maximum sentence. We hold that the court properly refused to give the instruction and did not abuse its discretion when sentencing defendant. We therefore...

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