2010AP772-CR State v. Dowdy

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Sentencing
Probation; modification

Circuit courts do not have authority to reduce a term of probation because of the defendant’s rehabilitation.
“We do not decide today whether circuit courts possess inherent authority to reduce probation periods that have already been imposed that is comparable to the well-defined and limited inherent authority courts possess to reduce sentences. We need not do so because we conclude that, even assuming that circuit courts possess this inherent authority, it must be circumscribed in the same way as the inherent authority of courts to modify sentences already imposed. The theoretical inherent authority to prevent the continuation of an inappropriate probation period is logically subject to the same limitations as the established inherent authority to prevent the continuation of inappropriate sentences.”

Reversed and Remanded.

Recommended for publication in the official reports.

2010AP772-CR State v. Dowdy

Dist. I, Milwaukee County, Donald, J., Blanchard, J.

Attorneys: For Appellant: Kenney, Patrick J., Milwaukee; Freimuth, James M., Madison; For Respondent: Cahill, Bryan J., Madison

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