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STATE v. MENTZEL

No. 97-1814.

218 Wis.2d 734 (1998)

581 N.W.2d 581

STATE of Wisconsin, Plaintiff-Respondent, v. Donald MENTZEL, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided April 22, 1998.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the brief of Raymond M. Dall'Osto of Gimbel, Reilly, Guerin & Brown of Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of James E. Doyle, attorney general and Lara M. Herman, assistant attorney general.

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

NETTESHEIM, J.

The issue on appeal is whether a defendant who is placed on straight probation with sentence withheld is "in custody under sentence of a court" for purposes of bringing a motion for postconviction relief under § 974.06(1), STATS. The trial court dismissed Donald Mentzel's motion for postconviction relief pursuant to § 974.06 for lack of subject matter jurisdiction because Mentzel was on straight probation with sentence withheld. We reverse...

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