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STATE v. DZIUBA

No. 86-2017-CR.

148 Wis.2d 108 (1989)

435 N.W.2d 258

STATE of Wisconsin, Plaintiff-Respondent, v. Richard Jerome DZIUBA, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided February 15, 1989.

Attorney(s) appearing for the Case

For the defendant-appellant there were briefs (in court of appeals) by Gerald S. Boisits, James E. Kenny, and Frank and Kenny, Milwaukee, and oral argument by Mr. Boisits.

For the plaintiff-respondent the cause was argued by Christopher G. Wren, assistant attorney general, with whom on the brief (in court of appeals) was Donald J. Hanaway, attorney general.

STEINMETZ, J.

The issue in the case is whether the state can force the sale of the defendant's, Richard Jerome Dziuba's, home and apply the proceeds toward restitution as a condition of the defendant's probation.

On August 13, 1981, the defendant, pursuant to plea negotiations with the Waukesha County District Attorney's office, pleaded no contest to a felony charge under sec. 943.10(1)(a), Stats., burglary, which carries a maximum sentence of ten years. Waukesha...

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