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Review — Sentence After Revocation — Imposed by same Judge

State v. Brian C. Wegner, 2000 WI App 231, 239 Wis.2d 96, 619 N.W.2d 289
For Wegner: Scott A. Szabrowicz

Issue: Whether the sentencing court erroneously exercised discretion, in sentencing after revocation, by failing to consider primary sentencing factors.

Holding:

¶9 We conclude that when the same judge presides at the sentencing after revocation and the original sentencing, the judge does not have to restate the reasons supporting the original sentencing; we will consider the original sentencing reasons to be implicitly adopted. Like the appellate court, the trial court should be able to rely upon the entire record, including the previous comments at the first sentencing. Cf. [McCleary v. State, 49 Wis. 2d 263, 282, 182 N.W.2d 512 (1971)]. This is especially true where it is the same judge. Further, it would be a mismanagement of judicial resources to require a court to go back to square one when sentencing after revocation. Accordingly, we find the proper exercise of discretion.

 

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