Zdiarstek v. State

Before considering the several issues raised by the writ of error in this case it should be noted that postconviction motions were made here under sec. 974.06, Stats., even though the prosecution was commenced well before July 1, 1970. The trial court correctly noted this but nevertheless took jurisdiction of these motions since it denied them. We review the denial of these postconviction motions on the merits.

The issues presented on this review are:

1. Was the defendant denied due process of law because he was not brought promptly before a magistrate?

2. Did the trial court err in refusing to…