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Sentencing – Review — Sentence Exceeding Statutory Maximum — Consecutive Terms of Probation — Remedy

State v. Glenn F. Schwebke, 2001 WI App 99, 242 Wis. 2d 585, 627 N.W.2d 213, affirmed on other grds.2002 WI 55
For Schwebke: Keith A. Findley, UW Law School

Issue/Holding: The remedy for this sentence which exceeded the permissible maximum — multiple counts of probation running consecutive to one another, ¶¶25-30 — is to commute the excess portion to the total allowable term of probation. ¶31.
Note: In a prior case, the court held:

We therefore hold that when a sentence is commuted pursuant to § 973.13, STATS., the sentencing court may, in its discretion, resentence the defendant if the premise and goals of the prior sentence have been frustrated.

State v. Holloway, 202 Wis.2d 694, 700, 551 N.W.2d 841(Ct. App. 1996). Holloway involved prison terms, and Schwebke is therefore probably limited to probation cases.

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