State v. Sobkowiak

The defendant, David J. Sobkowiak, is a "prime contractor" as defined in sec. 779.01(2)(d), Stats., of Wisconsin's construction lien law. 1 He appeals from a judgment entered on a jury verdict convicting him of theft by contractor, contrary to secs. 779.02(5), and 943.20(l)(b), Stats. He also appeals from an order requiring him to make restitution of the amount he is alleged to have misappropriated. We affirm the judgment, but reverse the restitution order with directions.

ISSUES

Sobkowiak presents the following issues:(1) Did the trial court err in rejecting evidence of his credit arrangement…