STATE v. BALGIE

No. 75-652-CR.

76 Wis.2d 206 (1977)

251 N.W.2d 36

STATE, Plaintiff in error, v. BALGIE, Defendant in error.

Supreme Court of Wisconsin.

Decided March 1, 1977.


Attorney(s) appearing for the Case

For the plaintiff in error the cause was submitted on the brief of Bronson C. La Follette, attorney general, and David J. Becker, assistant attorney general.

For the defendant in error the cause was submitted on the brief of Howard B. Eisenberg, state public defender, and Richard M. Sals, assistant state public defender.


HANLEY, J.

The sole issue presented is whether the trial court had authority to extend a probation for a period of one year where the original probation was revoked.

An examination of the statute delineating the power of the trial court upon revocation of a defendant's probation reveals the trial judge did exceed his authority.

Sec. 973.10 (2), Stets., provides in relevant part:

"(2) If a probationer...

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