State v. Dziuba

The issue in the case is whether the state can force the sale of the defendant’s, Richard Jerome Dziuba’s, home and apply the proceeds toward restitution as a condition of the defendant’s probation.

On August 13, 1981, the defendant, pursuant to plea negotiations with the Waukesha County District Attorney’s office, pleaded no contest to a felony charge under sec. 943.10(l)(a), Stats., burglary, which carries a maximum sentence of ten years. Waukesha county circuit court Judge Neal Nettesheim sentenced Dziuba to five years in prison but then stayed the sentence and order probation for a period…