01-1583-FT In the Interest of James A.H.: State v. James A.H.

By: dmc-admin//October 8, 2001//

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James A.H. appeals from an order placing him in 10 days of secure detention after he violated a condition of supervision by testing positive for THC. At the sanctions hearing, the circuit court offered to impose and stay the sanction if James would disclose the name of the person who furnished James’ marijuana, but James refused. James argues that the circuit court sanctioned him because he would not speak rather than because he violated a condition of his supervision. James further contends that this was an erroneous exercised of discretion because it: (1) was not based on the conditions set forth in the original disposition; (2) converted the remedial nature of the sanction into punishment; and (3) violated his right to remain silent.

We disagree and affirm.

Not recommended for publication in the official reports.

Dist IV, Dodge County, Klossner, J., Dykman, J.

Attorneys:

For Appellant: Mark R. Fremgren, Oshkosh

For Respondent: Brian J. Pfeil, Juneau

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