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Truth-in-sentencing

State v. Shawn J. Robinson, 2012AP2498-CR, District 1, 7/23/13; court of appeals decision (1-judge; ineligible for publication); case activity Robinson was convicted of  two misdemeanors which were enhanced under the repeater statute, § 939.62(1)(a). He was sentenced on each count to bifurcated sentences consisting of one year of confinement and one year of extended supervision. (¶¶2-4)… Read More

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State v. Ronnie L. Thums, 2006 WI App 173 For Thums: Paul G. LaZotte, SPD, Madison Appellate Issue: Whether an offense which was partially committed during the TIS-I regime but not completed until advent of TIS-II comes under the former or latter sentencing regime. Holding: ¶11      Thums had not committed the crime of stalking with a… Read More

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Enhancer — TIS-I

State v. Kent Kleven, 2005 WI App 66 For Kleven: Roberta A. Heckes Issue/Holding: Where sentencing includes multiple enhancers, the court may identify the amount of confinement attributable to each enhancer, without violating the rule that an enhancer doesn’t support a separate sentence. ¶¶16-18. (The court adds, however, ¶18 n. 4, that the “better practice” is to… Read More

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State v. Michael D. Jackson, 2004 WI 29, affirming unpublished decision of court of appeals For Jackson: Joseph E. Schubert Issue: Whether penalty enhancement of a TIS-I sentence, § 973.01(2) (1997-98), applies to the confinement portion alone, or to the total term of imprisonment (including extended supervision), of a bifurcated sentence. Holding: ¶17. The key to understanding the applicability of… Read More

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State v. Michael D. Jackson, 2004 WI 29, affirming unpublished decision of court of appeals For Jackson: Joseph E. Schubert Issue/Holding: ¶42 Applying the rule of lenity, we conclude that Wis. Stat. § 973.01(2)(b)6 should be read together with Wis. Stat. § 973.01(2)(c) in calculation of the maximum term of confinement for unclassified felonies with penalty enhancers under TIS-I. We apply the… Read More

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State v. Joseph F. Volk, 2002 WI App 274 For Volk: Charles B. Vetzner, SPD, Madison App Issue: Whether the extended supervision portion of truth-in-sentencing, § 973.01, supports repeater enhancement, § 939.62(1)(b). Holding: Because specifies that “confinement” may be enhanced, applying the principle that specification works an exclusion of non-enumerated items, the extended supervision portion of a sentence is… Read More

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