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STATE v. LOMAX

Nos. 87-0787-CR, 87-0788-CR.

146 Wis.2d 356 (1988)

432 N.W.2d 89

STATE of Wisconsin, Plaintiff-Respondent, v. Sylvester LOMAX, Jr., Defendant-Appellant-Petitioner.

Supreme Court of Wisconsin.

Decided November 29, 1988.

Attorney(s) appearing for the Case

For the defendant-appellant-petitioner there were briefs by Walter H. Isaacson and Hart, Sanborn & Isaacson, Janesville.

For the plaintiff-respondent there was a brief by Barry M. Levenson, assistant attorney general, with whom on the brief was Donald J. Hanaway, attorney general.

STEINMETZ, J.

The issue in the case is whether the court of appeals erred in deciding that a retrospective hearing, rather than a new trial, is the appropriate remedy when the trial court abused its discretion in denying a defendant's request for change of counsel. We conclude that the court of appeals did not commit error.

The defendant, Sylvester O. Lomax, Jr., was charged with burglary, battery and robbery while armed. The trial was held in the Rock county...

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