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STATE v. AUSTIN

No. 92-0184-CR.

171 Wis.2d 251 (1992)

490 N.W.2d 780

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

Court of Appeals of Wisconsin.

Decided September 22, 1992.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Michael W. Tobin, of Milwaukee.

For the plaintiff-respondent the cause was submitted on the briefs of James E. Doyle, attorney general, by Maureen McGlynn Flanagan, assistant attorney general, of Madison.

Before Wedemeyer, P.J., Sullivan and Schudson, JJ.

WEDEMEYER, P.J.

Lee Austin appeals from a judgment convicting him of recklessly endangering safety and possession of a firearm by a felon, contrary to secs. 941.30(2) and 941.29(2), Stats., respectively, and from an order denying his motion for post-conviction relief. Because the trial judge was without authority to act during a sentencing hearing due to his having been substituted earlier in the proceedings pursuant to sec.

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