00-3101-CR, 00-3102-CR State v. Sackatook

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Frank Sackatook, Jr., appeals judgments convicting him of first-degree sexual assault of a child and burglary. He also appeals an order denying his motion to withdraw his no contest pleas. We conclude that the trial court properly denied the motion to withdraw the no contest pleas without a hearing. However, the judgments contain a clerical error in that they do not reflect the trial court’s oral ruling granting Sackatook credit for pretrial jail time. In addition, both judgments require Sackatook to submit a DNA sample and pay a $250 DNA surcharge. We conclude that the record does not demonstrate that the trial court exercised its discretion when it ordered the DNA test and surcharge on the burglary conviction. Therefore, we reverse those parts of the judgments that fail to give credit for jail time and that impose the DNA test and surcharge on the burglary conviction. This opinion will not be published.

Dist III, Shawano County, Grover, J., Per Curiam

Attorneys:

For Appellant: Leonard D. Kachinsky, Neenah

For Respondent: Gary R. Bruno, Shawano; Michael R. Klos, Madison