Wisconsin Supreme Court February 29, 1972, State 60 (State v. Duffy)

Connor T. Hansen, J.

The defendant has consistently objected to the imposition of a mandatory jail sentence under sec. 343.44 (2), Stats. It is contended that (1) the provisions of the statute do not preclude the availability of probation to one convicted thereunder, and (2) a construction of the statute that would deny probation is in violation of one’s constitutional right to equal protection