STATE v. SMITH

Nos. 94-3364-CR, 94-3365-CR, 94-3366-CR, 94-3367-CR.

207 Wis.2d 258 (1997)

558 N.W.2d 379

STATE of Wisconsin, Plaintiff-Respondent, v. Tony M. SMITH, Defendant-Appellant-Petitioner.

Supreme Court of Wisconsin.

Decided February 6, 1997.


Attorney(s) appearing for the Case

For the defendant-appellant-petitioner there were briefs by John Allan Pray and Legal Assistance Program, University of Wisconsin Law School, Madison and oral argument by John Allan Pray.

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


¶ 1. JANINE P. GESKE, J.

This is a review of a published decision of the court of appeals1 affirming an order of the circuit court for Milwaukee County, Maxine A. White, judge, denying Smith's postconviction motion. Smith seeks resentencing on the grounds that his counsel provided ineffective assistance by failing to object at Smith's sentencing hearing when the prosecutor breached the...

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