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Review — Resentencing — Correction of Unlawful Sentence — Double Jeopardy — Increase in Original Sentence

State v. Timothy J. Helm, 2002 WI App 154, PFR filed 6/11/02

Issue: Whether resentencing, to correct an illegal sentence, violated double jeopardy because it resulted in an increase in the original sentence.

Holding: On sentence after revocation, the trial court reimposed probation on one of the counts; this was an unauthorized disposition which the trial court properly corrected by subsequently resentencing to an active term of imprisonment on that count.  Resentencing had the effect of increasing the original sentence, which triggers double jeopardy concerns. However, those concerns are satisfied, because the new sentencing result is based on the trial court’s desire to implement the original dispositional scheme (supervision for lengthy period), as manifested in the prior sentencing proceeding. ¶¶12-14

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