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MATTER OF FINDINGS OF CONTEMPT IN STATE v. SHEPARD

No. 94-2003.

189 Wis.2d 279 (1994)

525 N.W.2d 764

IN the MATTER OF the FINDINGS OF CONTEMPT IN STATE v. Kevin L. SHEPARD: Kevin L. SHEPARD, Appellant, v. CIRCUIT COURT FOR OUTAGAMIE COUNTY, the Honorable Dennis C. Luebke, Presiding, Respondent.

Court of Appeals of Wisconsin.

Decided November 8, 1994.

Attorney(s) appearing for the Case

On behalf of appellant, the cause was submitted on the brief of Michael Yovovich, assistant state public defender, of Madison.

On behalf of respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and James H. McDermott, assistant attorney general, of Madison.

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

LaROCQUE, J.

Kevin Shepard appeals an order imposing a jail sentence for summary contempt based upon his state of intoxication at the time of his criminal plea and sentencing hearing. The circuit court decided that Shepard's condition was intentional misconduct, called into question the validity of his no contest plea and required the vacation of that plea. It summarily imposed a fifteen-day jail sentence pursuant to ch. 785, STATS., but stayed it pending this appeal...

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