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STATE v. SCHULTZ

No. 87-1574-CR.

145 Wis.2d 661 (1988)

429 N.W.2d 79

STATE of Wisconsin, Plaintiff-Respondent, v. Du Wayne D. SCHULTZ, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided July 6, 1988.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Ruth S. Downs, assistant state public defender.

On behalf of the plaintiff-respondent, the cause was submitted on the briefs of Joseph F. Paulus, assistant district attorney, Oshkosh.

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

BROWN, P.J.

The issue is whether a sentencing court must impose consecutive sentences for a third violation of driving after revocation. Because no statute so instructs, we reverse the judgment which was entered based upon the trial court's erroneous ruling that it was required to impose the sentence consecutively.

Du Wayne Schultz pled guilty to a third offense of operating a motor vehicle after revocation in violation of sec. 343.44(1), Stats.

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