State v. Sittig

Two issues are presented on this appeal:

1. Is the mandatory sentencing provision of sec. 343.-44(2), Stats., unconstitutional in that it violates the doctrine of separation of powers ?

2. Does mandatory sentencing of persons convicted under sec. 343.44(1), Stats., deny those persons equal protection of the laws ?

Separation of Powers

The defendant contends that the mandatory sentencing provision of sec. 343.44(2), Stats., violates the separation of powers doctrine in that it constitutes a legislative infringement upon the judiciary’s sentencing function.

The precise issue of whether mandatory…