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Collateral attack on prior moot where sentence long over

State v. Peter J. Long, 2016AP729, 3/28/17, District 1 (one-judge decision, ineligible for publication); case activity (including state’s brief)

Peter Long filed a Wis. Stat. § 974.06 arguing that his sentence for OWI-4th should be commuted or modified to the maximum sentence for an OWI-3rd, because one of his priors was uncounseled. There are two problems here: first, his sentence was served in 1999 or 2000, so can’t be remedied now. Second, at the time of his conviction, the sentences were the same for OWI-3rd and 4th, so there’s really nothing to commute. (¶¶8-12).

Long also seeks compensation for the seizure of his truck, which the court ordered at sentencing (as was then, but is not now, permitted, see Wis. Stat. § 346.65(6) (1999-2000)). The court of appeals concludes that this issue is not properly before it, as the forfeiture action that actually disposed of Long’s truck was civil, and separate, proceeding. (¶13).

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