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01-1044-CR State v. Eckola

By: dmc-admin//November 19, 2001//

01-1044-CR State v. Eckola

By: dmc-admin//November 19, 2001//

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William Eckola was convicted of operating a motor vehicle with a prohibited alcohol concentration, sixth offense. The State argues that the circuit court erroneously exercised its discretion by placing Eckola on probation without requiring him to serve at least the presumptive minimum period of incarceration required by Wis. Stat. sec. 346.65(2)(e). We agree.

Therefore, we reverse the order and remand for resentencing.

Not recommended for publication in the official reports.

Dist III, Outagamie County, Dyer, J., Peterson, J.

Attorneys:

For Appellant: John F. Truby, Appleton; Susan M. Crawford, Madison

For Respondent: Gregory A. Parker, Neenah

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