Wisconsin Supreme Court June 30, 1972, State 63 (State v. Smith)

Wilkie, J.

Before reaching the issues on the merits of this appeal, it should be noted that the incorrect post-conviction procedure was utilized in this case. The procedural problem in this case is that although the sec. 974.06 motion was made before the expiration of the one-year appeal period (applicable to this case by virtue of sec. 958.13, Stats.