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State Ex Rel. Pedersen v. Blessinger

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eBook details

  • Title: State Ex Rel. Pedersen v. Blessinger
  • Author : Supreme Court of Wisconsin
  • Release Date : January 09, 1972
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 66 KB

Description

This is an appeal from an order quashing a writ of and raising the question of the constitutionality of sec. 973.05 (1),
Stats., which provides a court may grant permission for the payment of a fine to be made within a period not to exceed sixty
days, and of sec. 973.07, which provides if a fine is not paid the defendant may be committed to the county jail until the
fine is paid but not for a period exceeding six months. On July 20, 1971, Michael Pedersen pleaded no contest to a state charge of disorderly conduct (sec. 947.01 (1), Stats.) and
was fined $50 and costs. He also pleaded no contest to a state charge of operating a vehicle without a license (sec. 343.05)
and was fined $35 and costs and was given sixty days in which to pay the fines and costs. When he failed to do so a commitment
was issued in which he was ordered to serve not more than twenty and fifteen days in the county jail or until he paid the
fines and costs. The record is not clear whether these time limits were originally set at the time of conviction or at the
time the commitment was issued. 1 The original sentence is not in the record. Pedersen was arrested and jailed and at a
hearing for a writ of Pedersen claimed he was indigent and that the imprisonment for his inability to pay was unconstitutional
as a denial of the equal protection of the laws. The trial court found the statutes constitutional and from the order quashing
the writ, Pedersen appealed, and he was granted a stay during his appeal.


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