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STATE EX REL. RODRIGUEZ v. DH&SS

No. 85-1976.

133 Wis.2d 47 (1986)

393 N.W.2d 105

STATE of Wisconsin EX REL. Alejandro RODRIGUEZ, Petitioner-Respondent, v. DEPARTMENT OF HEALTH & SOCIAL SERVICES, Respondent-Appellant.

Court of Appeals of Wisconsin.

Decided July 9, 1986.

Attorney(s) appearing for the Case

For the respondent-appellant, the cause was submitted on the briefs of Bronson C. La Follette, attorney general and Christopher G. Wren, assistant attorney general.

For the petitioner-respondent, the cause was submitted on the briefs of Ellen Pearlman, assistant state public defender.

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

BROWN, P.J.

This is an appeal from a circuit court's certiorari review of a probation revocation decision. The circuit court granted Alejandro Rodriguez's petition, holding that the Department of Health and Social Services had no jurisdiction to revoke because: (1) the agent erroneously informed Rodriguez that he had been released from probation, and (2) Rodriguez never signed any rules of probation so as to violate them...

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