State v. Ryback

While issues are raised as to sufficiency of the complaint and as to whether defendant’s surrender of the marijuana to the arresting officer was voluntary, the threshold question is that of appeal-ability of a disposition, under sec. 161.47 (1), Stats., that, with the consent of a defendant, results in no judgment of conviction.

The statute involved, enacted in 1971, provides:

“161.47 Conditional discharge for possession as first offense. (1) Whenever any person who has not previously been convicted of any offense under this chapter, or of any offense under any statute of the United States or…