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Restitution — Limitations — Time Limit

State v. Carl Simonetto, 2000 WI App 17, 232 Wis.2d 315, 606 N.W.2d 275
For Simonetto: Christopher L. Hartley

Issue: Whether the trial court erred in holding open restitution until certain victims could be identified.

Holding: “Section 973.20(13)(c), Stats., creates a ninety-day maximum hold-open period for entry of restitution after a sentence is imposed.” ¶10. (Note: The holding is probably more limited than the quote implies. In particular, it probably means that a court can’t hold restitution open past the 90 days in order to identify a victim. Otherwise, “the time period within sec. 973.20(13)(c)2 is directory.” State v. Perry, 181 Wis.2d 43, 56, 510 N.W.2d 722 (Ct. App. 1993).”)

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