State v. Dudrey

The first issue is whether the trial court lacked jurisdiction to review the department’s order.

The defendant argues that the reviewing court lacked jurisdiction to review the department’s order because it was not acted upon within ninety days before he was to be discharged by virtue of sec. 975.13, Stats. We believe the court had jurisdiction to review the order. In State v. Smith (1972), 55 Wis. 2d 451, 198 N. W. 2d 588, this same contention was made and found to be without merit. The court stated at pages 456, 457:

“It is contended that the reviewing court lacked jurisdiction in this case…