State v. Firkus

This case is before the court on certification of the court of appeals, as an appeal from a non-final order of the circuit court for Portage county, Frederic W. Fleishauer, Circuit Judge, entered on March 23, 1983.

The question certified is important in the administration of the criminal law — at what point is a convicted misdemeanant entitled to release from custody pending a resolution of the case in the court of appeals.

We conclude that, in construing sec. 969.01(2) (b), Stats., in a manner consistent with the public policy, we should avoid an interpretation that will require a person…