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STATE v. ECKOLA

No. 01-1044-CR.

249 Wis.2d 276 (2001)

2001 WI App 295

638 N.W.2d 903

STATE of Wisconsin, Plaintiff-Appellant, v. William P. ECKOLA, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided November 13, 2001.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of John F. Truby, assistant district attorney.

On behalf of the defendant-respondent, the cause was submitted on the brief of Gregory A. Parker of Kachinsky & Petit Law Offices.

Before Cane, C.J., Hoover, P.J., and Peterson, J.

¶ 1. PETERSON, J.

William Eckola was convicted of operating a motor vehicle with a prohibited alcohol concentration, sixth offense, contrary to WIS. STAT. § 346.63(1)(b).1 The State argues that the circuit court erroneously exercised its discretion by placing Eckola on probation without requiring him to serve at least the presumptive minimum period of incarceration required by WIS...

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