STATE v. KUBA

No. 88-1821-CR.

150 Wis.2d 618 (1989)

443 N.W.2d 17

STATE of Wisconsin, Plaintiff-Respondent, v. Constance Lee KUBA, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided April 11, 1989.


Attorney(s) appearing for the Case

For defendant-appellant there were briefs filed by Charles Bennett Vetzner, assistant state public defender.

For plaintiff-respondent there was a brief filed by Donald J. Hanaway, attorney general, and James M. Freimuth, assistant attorney general.

Before Cane, P.J., LaRocque and Myse, JJ.


CANE, P.J.

Constance Kuba appeals a judgment convicting her of welfare fraud and an order denying her motion for postconviction relief. The trial court placed Kuba on seven years' probation and required her to pay $8,310 restitution. Kuba argues that the rule prohibiting a court from extending the term of probation if the probationer lacks the capacity to make restitution should be expanded to forbid initially setting the probationary term based on the time needed...

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