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Conflict between (Indisputably) Unambiguous Oral Pronouncement and Written Judgment

State v. Carla L. Oglesby, 2006 WI App 95
For Oglesby: Timothy T. Kay

Issue/Holding:

¶15      … [T]he trial court’s oral pronouncement imposed a two-year term of probation in 2004CM401. Despite this clear and unequivocal statement, the judgment of conviction recited a probation term of six years.

¶16      When an unambiguous oral pronouncement at sentencing conflicts with an equally unambiguous pronouncement in the judgment of conviction, the oral pronouncement controls. State v. Lipke, 186 Wis.  2d 358, 364, 521 N.W.2d 444 (Ct. App. 1994). Thus, Oglesby’s appeal, and the State’s concession of error on this issue, are well taken. The trial court should have granted Oglesby’s motion to amend the judgment to recite a probation term of two years. We therefore reverse the sentencing portion of the judgment of conviction in 2004CM401 and remand with instructions that the trial court enter an amended judgment reciting the maximum two-year term of probation. …

 

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