court of appeals decision (3-judge; not recommended for publication); BiC; Resp. Br.; Reply Br. Conditional Jail Time “Applying the plain language of § 973.09(4)(a), it is clear that straight confinement time may be imposed as a condition of probation, and that although the trial court ‘may grant’ work-release privileges, it is not required to do so.” It follows… Read more
A. Probation
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… Read more
State v. James E. Gray, 225 Wis.2d 39, 590 N.W.2d 918 (1999), affirming unpublished decision For Gray: Helen M. Mullison Issue/Holding: Gray was originally convicted of three counts. On postconviction motion, the trial court vacated and dismissed with prejudice one count for lack of proof, and ordered a new trial on a second count. The… Read more
