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00-0490-CR, 00-0491-CR State v. LaRoche

By: dmc-admin//June 25, 2001//

00-0490-CR, 00-0491-CR State v. LaRoche

By: dmc-admin//June 25, 2001//

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In this consolidated appeal, Leonard J. LaRoche appeals from judgments and an order sentencing him to prison on four counts of failure to pay child support following probation revocation proceedings. He argues that his probation in 94 CF 201 expired prior to the hearing at which the circuit court purported to extend his probation and that his probation in that case could not be extended in any event for failure to pay restitution.

LaRoche also argues that the sentences imposed in each case must be vacated because his lack of involvement in his children’s lives was impermissibly considered by the court in its sentencing decision.

We conclude that LaRoche’s probation in 94 CF 201 expired by its terms before the trial court ordered extension, and could not thereafter be extended. Accordingly, we reverse the judgment and order with regard to counts ten and eleven of this case, and do not reach his other two arguments in that matter.

We further conclude that LaRoche’s history with his children was properly considered by the circuit court in sentencing him on the two counts of 96 CF 7. We therefore affirm the judgment and order with regard to that matter. Not recommended for publication in the official reports.

Dist IV, Monroe County, McAlpine, J., Leineweber, J.

Attorneys:

For Appellant: Susan W. O’Neill, La Crosse

For Respondent: William C. Wolford, Madison; Elisabeth Andrews Mueller, Sparta

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