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STATE v. BRUNETTE

No. 96-2351-CR.

212 Wis.2d 139 (1997)

567 N.W.2d 647

STATE of Wisconsin, Plaintiff-Respondent, v. John R. BRUNETTE, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided June 12, 1997.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the motion of Jack C. Hoag of Sedor & Hoag of Janesville.

On behalf of the plaintiff-respondent, the cause was submitted on the motion of Mary E. Burke, assistant attorney general with James E. Doyle, attorney general.

Before Dykman, P.J., Vergeront and Deininger, JJ.

PER CURIAM.

John R. Brunette appeals from a commitment order. The issue is whether a person who is committed under ch. 980, STATS., has 120 days to file a notice of appeal under § 808.04(5), STATS. We conclude that the plain language of § 808.04(5) limits its application to those persons who are "imprisoned ... on a criminal sentence," and does not apply to those who are committed under ch. 980. Therefore, we dismiss this appeal because it was untimely filed...

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