State v. Sutter

Defendant was convicted of violating sec. 939.32 (1), Stats., by attempting to violate sec. 944.01 (1). Sec. 959.15, sometimes referred to as the sex-deviate law, provides in part:

“(1) If a person is convicted under . . . section 939.32 for attempting to violate section 944.01 . . . the court shall commit him to the state department of public welfare for a presentence social, physical, and mental examination.” The municipal court inadvertently failed to comply with this statute in the case before us and ordered a presentence investigation which did not include physical and mental examination,…