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STATE v. DUPREY

No. 88-2120-CR.

149 Wis.2d 655 (1989)

439 N.W.2d 837

STATE of Wisconsin, Plaintiff-Appellant, v. Craig S. DUPREY, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided March 21, 1989.

Attorney(s) appearing for the Case

For plaintiff-appellant there were briefs by Steven J. Madsen, of Green Bay.

For defendant-respondent there was a brief by Mark Lukoff, first assistant state public defender, of Milwaukee.

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

CANE, P.J.

Craig S. Duprey was ordered to pay 25% of his income as child support and failed to make any payment for more than two years. The issue presented is whether, by virtue of the percentage order, the state is required to prove that Duprey had earned income for 120 consecutive days in order to be bound over for trial on charges of felony nonsupport, sec. 940.27(2), Stats. Because the state is not required to prove income in a case where an order determines...

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