State v. Jamie R. Anderson, 2015 WI App 92; case activity (including briefs) Answering a question lingering since the Truth-in-Sentencing revisions that took effect in 2003 (TIS-II), the court of appeals holds that a person serving a bifurcated prison sentence for a misdemeanor enhanced under the repeater statute, § 939.62(1)(a), is eligible to petition for a sentence… Read more
1. Sentence adjustment
State v. Jeffery Polar, Jr., 2014 WI App 15; case activity The court of appeals holds that the plain language of § 973.195(1r)(a) requires a defendant serving multiple sentences to file a separate sentence adjustment petition for each individual sentence the defendant is seeking to adjust. Polar’s governing sentences consisted of two consecutive terms, one… Read more
State v. David S. Stenklyft, 2005 WI 71, on bypass For Stenklyft: Suzanne L. Hagopian, SPD, Madison Appellate Issue/Holding: The prosecutorial veto written into the TIS sentence-adjustment provision, § 973.195, is unconstitutional: ¶83 … “[S]hall” is interpreted as directory, thereby giving a circuit court discretion to accept or reject an objection from a district attorney on a… Read more
State v. David S. Stenklyft, 2005 WI 71, on bypass For Stenklyft: Suzanne L. Hagopian, SPD, Madison Appellate Issue/Holding: ¶126 [T]he record of the proceedings must clearly demonstrate that the circuit court exercised its discretion and weighed the appropriate factors when the court reached its decision on sentence adjustment. An example of such balancing would be… Read more
State v. James Hubert Tucker, Jr., 2005 WI 45, affirming summary order of court of appeals For Tucker: Donald T. Lang, SPD, Madison Appellate Issue/Holding: ¶18 An analysis of 2001 Wis. Act 109 by the Legislative Reference Bureau clearly supports the conclusion that persons sentenced under TIS-I are able to utilize the procedure set forth in Wis… Read more
State v. Jonathan R. Torres, 2003 WI App 199, PFR filed 9/18/03 For Torres: Michael Yovovich, SPD, Madison Appellate Issue: Whether reclassification of Torres’ offense by TIS-II, 2001 Wis. Act 109 §§545-559, which substantially reduced the maximum penalty, amounts to a new factor that would support reduction of his sentence imposed under the prior, TIS-I regime. Holding… Read more
