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STATE v. FOLEY

No. 87-0510-CR.

142 Wis.2d 331 (1987)

417 N.W.2d 920

STATE of Wisconsin, Plaintiff-Respondent, v. Scott FOLEY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided November 25, 1987.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of John C. Albert and Smoler & Albert, S.C., of Madison.

For the plaintiff-respondent the cause was submitted on the brief of Donald J. Hanaway, attorney general, and Paul Lundsten, assistant attorney general.

Before Gartzke, P.J., Eich and Sundby, JJ.

SUNDBY, J.

Scott Foley appeals an order under sec. 973.09(1)(b), Stats., requiring him to make restitution as a condition of probation upon conviction of two counts of theft by contractor, contrary to sec. 779.02(5) and 943.20(1)(b), Stats. Section 973.09(1)(b) provides:

If the court places the person on probation, the court shall require restitution designed to compensate the victim's pecuniary loss resulting from the

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