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STATE v. BURCHFIELD

No. 99-0716-CR.

230 Wis.2d 348 (1999)

602 N.W.2d 154

STATE of Wisconsin, Plaintiff-Respondent, v. Donald W. BURCHFIELD, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided September 1, 1999.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the motion for summary disposition of Martha K. Askins, assistant state public defender, for Charles Bennett Vetzner, assistant state public defender.

On behalf of the plaintiff-respondent, the cause was submitted on the response of James E. Doyle, attorney general, and Pamela Magee, assistant attorney general.

Before Nettesheim, Anderson and Snyder, JJ.

SNYDER, J.

Donald W. Burchfield appeals from a trial court order revoking his probation because the revocation was not initiated by the Department of Corrections (DOC). As a result of the order, Burchfield was committed to the Wisconsin State Prison system to serve a previously imposed and stayed five-year prison sentence. Burchfield contends that under § 973.10(2), STATS., a sentencing court has no authority to revoke his probation. Because the State concedes...

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