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Bastian v. State

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eBook details

  • Title: Bastian v. State
  • Author : Supreme Court of Wisconsin
  • Release Date : January 02, 1972
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 54 KB

Description

After a trial to the court, the defendant, George W. Bastian, was found guilty of indecent behavior with a child, in violation of sec. 944.11 (2), Stats. Since a conviction under this section requires a mandatory commitment for observation to the department of health & social services under sec. 959.15 (1), Stats. 1967, Bastian received the mandatory sixty-day commitment for observation prior to sentencing. Upon the completion of the examination period, the department of health & social services made a finding that the defendant was not deviated, and no specialized treatment was recommended. He was, accordingly, returned to the trial court for sentencing under the criminal code, and on December 28, 1970, was sentenced to an indeterminate term of not more than ten years in the Wisconsin State Reformatory at Green Bay. Subsequently, Bastian filed a motion to review and modify the sentence. After a hearing, the circuit court modified the sentence and reduced the term to a period of not to exceed seven years. Upon application of the defendant, this court issued a writ of error to review the seven-year sentence imposed on March 17, 1971.


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