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STATE v. SPROSTY

No. 97-3524.

221 Wis.2d 401 (1998)

585 N.W.2d 637

IN RE the COMMITMENT OF Larry J. SPROSTY: STATE of Wisconsin, Petitioner-Respondent, v. Larry J. SPROSTY, Respondent-Appellant.

Court of Appeals of Wisconsin.

Decided August 6, 1998.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of T. Christopher Kelly of Thomas, Kelly, Habermehl & Wood, S.C. of Madison.

On behalf of the petitioner-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and Warren D. Weinstein, assistant attorney general.

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

DYKMAN, P.J.

Larry J. Sprosty appeals from an order denying his supervised release under Chapter 980, STATS. Sprosty argues that the committing court erred when it ordered his continued confinement after it had approved his supervised release. We conclude that § 980.08(5), STATS., requires that a person be released if the trial court determines that supervised release is appropriate, regardless of whether the Department...

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