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Terry stop — reasonable suspicion; DNA surcharge — exercise of discretion; sentence credit — time between revocation and return to prison

State v. Manuel R. Williams, 2012AP357-CR, District 1, 1/29/13; court of appeals decision (not recommended for publication); case activity

Terry stop – reasonable suspicion

Police had reasonable suspicion to stop defendant where, based on suppression hearing testimony, circuit court found that: the officers were sent to a shooting in “a high risk area”; when police arrived, they noticed Williams because he had a big jacket on and was holding his hands in an “odd” way, as if he was “holding or cradling” and looked like he planned to run; someone called out that there was a gun; and when the police asked Williams what he was holding, Williams answered “a gun,” and then dropped it. (¶¶2-3, 7-8).

DNA surcharge – exercise of discretion

The circuit court erroneously exercised its discretion when it ordered the DNA surcharge based “on the seriousness of the offense and the fact that a weapon was involved.” This does not satisfy the requirements for the exercise of discretion under State v. Cherry, 2008 WI App 80, 312 Wis. 2d 203, 752 N.W.2d 393, because “it is not specific to this case, it could apply to every felon in possession of a firearm case, and all felonies are serious.” (¶11).

Sentence credit – time in custody between revocation and return to prison

Defendant’s sentence was imposed to run concurrently with time he was serving after revocation of extended supervision in another case, so he was entitled to credit toward that sentence for the 22 days following the revocation of his extended supervision (February 25, 2010) to his return to prison (March 19 2010), which is when his revocation sentence “resumed” under Wis. Stat. § 304.072(4). (¶¶4, 12-14).

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