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STATE v. ZILLER

No. 2011AP416-CR.

807 N.W.2d 241 (2011)

2011 WI App 164

STATE of Wisconsin, Plaintiff-Respondent, v. Michael T. ZILLER, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed November 16, 2011.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the brief of Michael S. Holzman of Rosen and Holzman, Ltd., Waukesha.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Daniel J. O'Brien , assistant attorney general, and J.B. Van Hollen , attorney general.

Before NEUBAUER, P.J., REILLY, J., and NEAL NETTESHEIM, Reserve Judge.

REILLY, J.

¶ 1 Michael T. Ziller appeals from a judgment of conviction and an order denying his motion for postconviction relief. Ziller argues that the circuit court failed to exercise its sentencing discretion when it did not expressly assess Ziller's ability to pay a $250 DNA surcharge. According to Ziller, our decision in State v. Cherry, 2008 WI App 80, 312 Wis.2d 203, 752 N.W.2d 393, requires circuit courts to...

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