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STATE v. LYNCH

No. 2005AP2128-CR.

724 N.W.2d 656 (2006)

2006 WI App 231

STATE of Wisconsin, Plaintiff-Respondent, v. Gerald L. LYNCH, Jr., Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed October 5, 2006.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of David R. Karpe, Madison.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Sally L. Wellman, asst. attorney general, and Peggy A. Lautenschlager, attorney general.

Before VERGERONT, DEININGER and HIGGINBOTHAM, JJ.

¶ 1 VERGERONT, J.

Gerald Lynch, Jr. appeals his sentence for homicide by intoxicated use of a vehicle and two counts of fleeing from an officer resulting in bodily harm. He also appeals the court's order denying his postconviction motion. Lynch seeks resentencing based on two contentions: (1) the statutes that make him ineligible for the earned release program, WIS. STAT. §§ 302.05(3)(a)1. and 973.01(3g),1 violate his rights...

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