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STATE v. HALBERT

No. 88-0287-CR.

147 Wis.2d 123 (1988)

432 N.W.2d 633

STATE of Wisconsin, Plaintiff-Respondent, v. Kevin HALBERT, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided October 13, 1988.

Attorney(s) appearing for the Case

For the plaintiff-respondent the cause was submitted on the briefs of Donald J. Hanaway, attorney general, and Gregory M. Posner-Weber, assistant attorney general, of Madison, Wisconsin.

For the defendant-appellant the cause was submitted on the briefs ofDonna L. Hintze, assistant state public defender, of Milwaukee.

Before Moser, P.J., Sullivan and Fine, JJ.

FINE, J.

Kevin Halbert appeals from a judgment convicting him of armed robbery in violation of sec. 943.32(2), Stats., and from an order denying his motion for modification of his sentence or, alternatively, for resentencing. He was sentenced to a term of incarceration not to exceed ninety months (seven and one-half years).

Halbert raises three issues on this appeal. First, he argues that the sentencing court abused its discretion when it rejected probation...

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