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Sentencing – probation — domestic abuse

By: WISCONSIN LAW JOURNAL STAFF//October 28, 2014//

Sentencing – probation — domestic abuse

By: WISCONSIN LAW JOURNAL STAFF//October 28, 2014//

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Wisconsin Court of Appeals

Criminal

Sentencing – probation — domestic abuse

Millard Reno Bandy, Sr., appeals from two judgments of conviction entered after he pled guilty to three counts of violating a domestic abuse temporary restraining order contrary to Wis. Stat. §§ 813.12(3) and 968.075(1)(a). As relevant here, the circuit court sentenced Bandy to three years’ probation for each count to be served consecutively. Bandy seeks commutation of his probation to two years on the grounds that his convictions were not acts of “domestic abuse” as defined in § 968.075(1)(a), and therefore, his maximum probation exposure was only two years. He argues that pursuant to Wis. Stat. § 973.09(2m) the third year is void and his term of probation is valid only to the extent of the two year maximum. We reject his argument and affirm the three year probation maximum because we conclude that Bandy’s convictions were for acts of domestic abuse within the meaning of § 968.075(1)(a)1. and 4. This opinion will not be published.

2014AP1055-CR, 2014AP1056-CR State v. Bandy

Dist I, Milwaukee County, Dallet, J., Brennan, J.

Attorneys: For Appellant: Haskell, Dustin C., Milwaukee; For Respondent: Weber, Gregory M., Madison; O’Byrne, Karine E., Milwaukee

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