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i. Remedy, illegal sentence

State v. Caleb J. Hawley, 2018AP1601-CR, District 4, 3/28/19 (one-judge decision; ineligible for publication); case activity (including briefs) The judge who sentenced Hawley after revocation of probation stayed the sentence and ordered it to start some 14 months down the road, when Hawley would finished serving the 18 months of conditional jail time ordered in… Read More

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State v. Craig C. Meier, 2013AP2863-CR, District 4, 7/17/14 (1-judge; ineligible for publication); case activity The answer matters: If the pronouncement of sentence is ambiguous the court could “clarify[] and “reimpose[]” the sentences it originally intended, Krueger v. State, 86 Wis. 2d 435, 442-43, 272 N.W.2d 847 (1979); if the sentence is illegal, it must be commuted to the lawful maximum, § 973.13. In this… Read More

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State v. Frederick W. Prager, 2005 WI App 95 For Prager: Daniel P. Fay Issue: Whether, six days after original sentencing and imposition of probation, the State’s proffered new factor (that defendant had quitclaimed the jointly owned farm to his wife) supported a modification to an active prison term. Holding: Although the term of probation was… Read More

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State v. Brandon L. Mason, 2004 WI App 176 For Dawson: Ellen Henak, SPD, Milwaukee Appellate Issue/Holding: Where the term of initial confinement exceeds the permissible maximum, based on the rule that this term may not exceed 75% of the total sentence, the error is not harmless even though the term is less than the maximum… Read More

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State v. Timothy J. Helm, 2002 WI App 154, PFR filed 6/11/02 Issue: Whether resentencing, to correct an illegal sentence, violated double jeopardy because it resulted in an increase in the original sentence. Holding: On sentence after revocation, the trial court reimposed probation on one of the counts; this was an unauthorized disposition which the trial court properly… Read More

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