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MIKRUT v. STATE

No. 96-2703.

212 Wis.2d 859 (1997)

569 N.W.2d 765

Charles A. MIKRUT, Petitioner-Respondent, v. STATE of Wisconsin, Respondent-Appellant.

Court of Appeals of Wisconsin.

Decided August 13, 1997.

Attorney(s) appearing for the Case

On behalf of the respondent-appellant, the cause was submitted on the briefs of James E. Doyle, attorney general, and Daniel J. O'Brien, assistant attorney general.

On behalf of the petitioner-respondent, the cause was submitted on the brief of Peter DeWind of Legal Assistance to Institutionalized Persons Project of Madison.

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

NETTESHEIM, J.

In the trial court, Charles A. Mikrut challenged the repeater portion of his sentences by a habeas corpus action. Relying on an amended judgment of conviction which recited his prior conviction as of the date of his plea of no contest instead of the date the judgment of conviction was entered, Mikrut contended that the prior conviction fell outside the five-year period set out in § 939.62(2), STATS. The trial court agreed and entered an order commuting...

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