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STATE v. GUDGEON

No. 2005AP1528.

720 N.W.2d 114 (2006)

2006 WI App 143

STATE of Wisconsin, Plaintiff-Respondent, v. Justin D. GUDGEON, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed June 14, 2006.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of and oral argument by Jefren E. Olsen, Assistant State Public Defender of Madison.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Peggy A. Lautenschlager, Attorney General, and James M. Freimuth, Assistant Attorney General. There was oral argument by James M. Freimuth.

Before BROWN, NETTESHEIM and ANDERSON, JJ.

¶ 1 BROWN, J.

In this case, the circuit court made known in writing that it wanted Justin D. Gudgeon's probation extended before the extension hearing even took place. Gudgeon claims that the court was therefore biased in favor of a particular result before listening to the evidence. The State counters that Gudgeon's claim is a collateral attack since he never appealed the extension order and did not even appeal a subsequent probation revocation. We agree, but...

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