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STATE v. FOLEY

No. 89-0439-CR.

153 Wis.2d 748 (1989)

451 N.W.2d 796

STATE of Wisconsin, Plaintiff-Respondent, v. Scott FOLEY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided December 21, 1989.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Wyngaard and Wilson, by John C. Albert, of Madison.

For the plaintiff-respondent the cause was submitted on the brief of Donald J. Hanaway, attorney general, and David J. Becker, assistant attorney general.

Before Eich, C.J., Gartzke, P.J., and Sundby, J.

GARTZKE, P.J.

Scott Foley appeals from an order denying a motion for substitution of judge and from an order requiring him to pay $600 per month restitution as a condition of probation. This is his second appeal. In his first appeal we held that the trial court's failure to show on the record that it had considered Foley's financial resources and his ability to pay when setting $600 per month restitution was an abuse of discretion. State v. Foley,

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