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STATE v. OGDEN

No. 94-1485-CR.

199 Wis.2d 566 (1996)

544 N.W.2d 574

STATE of Wisconsin, Plaintiff-Respondent, v. Andrea J. OGDEN a/k/a Andrea J. (Ogden) Parins, Defendant-Appellant-Petitioner,

Supreme Court of Wisconsin.

Decided March 14, 1996.

Attorney(s) appearing for the Case

For the defendant-appellant-petitioner there were briefs by Thomas M. Olson, and The Law Center, La Crosse and oral argument by Thomas M. Olson.

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.

DONALD W. STEINMETZ, J.

Did the trial court commit an error of law when, instead of exercising discretion based upon individual factors, it applied a uniform sentencing policy of refusing "Huber" release to child care providers except when "absolutely essential?" We hold it did.

Andrea J. Ogden, a/k/a Andrea J. Parins, was arrested and charged with two counts of resisting or obstructing an officer in violation of Wis. Stat. § 946.41(1) (1993-94). She...

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