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STATE v. DELEON

No. 92-0636-CR.

171 Wis.2d 200 (1992)

490 N.W.2d 767

STATE of Wisconsin, Plaintiff-Appellant, v. Paula DELEON, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided September 16, 1992.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of James E. Doyle, attorney general, and William L. Gansner, assistant attorney general.

On behalf of the defendant-respondent, the cause was submitted on the brief of Brian Lee Mares of Steinhilber, Swanson, Mares, Curtis, Marone & Wolk of Oshkosh.

Before Nettesheim, P.J., Anderson and Snyder, JJ.

SNYDER, J.

Paula DeLeon was convicted of conspiring to possess with intent to deliver more than twenty-five grams of cocaine. The trial court withheld sentence and ordered DeLeon to serve a four-year term of probation with a six-month jail confinement and work release privileges. The state appeals the judgment and order, arguing that the structure of the probation order is contrary to secs. 161.41(1m)(c)3 and 973.09(1)(d), Stats. We agree. We therefore affirm the...

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