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STATE v. STUBBENDICK

No. 81-908-CR.

110 Wis.2d 693 (1983)

329 N.W.2d 399

STATE of Wisconsin, Plaintiff-Respondent-Cross-Petitioner, v. Larry STUBBENDICK, Defendant-Appellant-Petitioner.

Supreme Court of Wisconsin.

Decided February 3, 1983.

Attorney(s) appearing for the Case

For the defendant-petitioner there were briefs by Raymond E. Krek and Krek, Ebbott & Friederichs, S.C., Jefferson, and oral argument by Raymond E. Krek.

For the plaintiff-respondent-cross-petitioner the cause was argued by Chris Heikenen, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

Reversing in part and affirming in part 107 Wis.2d 739, 321 N.W.2d 364.

STEINMETZ, J.

The defendant was sentenced for six years as a result of a plea bargained no contest plea to second degree sexual assault. The issue is whether upon vacating that plea and sentence, the judge properly increased the sentence for a second conviction on the same charge. Also at issue is whether the judge is limited as to the sentence that may be imposed for a conviction of burglary...

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