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STATE v. GRINDEMANN

No. 01-0542-CR.

255 Wis.2d 632 (2002)

2002 WI App 106

648 N.W.2d 507

STATE of Wisconsin, Plaintiff-Appellant, v. Michael A. GRINDEMANN, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided April 18, 2002.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Christian R. Larsen, assistant attorney general, and James E. Doyle, attorney general.

On behalf of the defendant-respondent, the cause was submitted on the brief of Leonard D. Kachinsky of Kachinsky & Petit Law Offices, Neenah.

Before Dykman, Roggensack and Deininger, JJ.

¶ 1. DEININGER, J.

The State of Wisconsin appeals an order which modified Michael Grindemann's forty-four-year sentence to "time served" and placed him on probation. The State contends that Grindemann failed to present a "new factor" that would warrant a reduction of his sentence, and that the trial court erred in concluding the State had breached the "spirit" of its plea agreement with Grindemann. The State also asserts that the court did not erroneously exercise...

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