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STATE v. AVILA

No. 93-2794-CR.

192 Wis.2d 870 (1995)

532 N.W.2d 423

STATE of Wisconsin, Plaintiff-Respondent, v. Evaristo AVILA, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided May 11, 1995.

Attorney(s) appearing for the Case

For the defendant-appellant there was a brief and oral argument by Jack E. Schairer, first assistant state public defender.

For the plaintiff-respondent the cause was argued by Paul Lundsten, assistant attorney general, with whom on the brief was James E. Doyle, attorney general.

WILLIAM A. BABLITCH, J.

Evaristo Avila, convicted of a number of criminal offenses, appeals from a judgment of conviction and an order of the circuit court denying post-conviction relief. He argues: (1) that denying him credit for the time he spent incarcerated prior to trial because of indigency, against jail time imposed as a condition of probation, denies him the equal protection of the laws; (2) that under sec. 973.04, Stats., the prison time he served pursuant...

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