00-3538 State v. Norton

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“It was not known to the trial court at the time of sentencing in this case that Norton’s probation would be revoked; rather, the trial court was advised by Hubbard that probation was not going to be revoked. Thus, the trial court imposed a sentence in this case which was based on inaccurate information.

“Moreover, the inaccurate information was directly linked to the purpose of the sentence. … Under the circumstances here, Norton’s sentence was based, in part, on inaccurate information from an ordinarily reliable source, a probation agent. Accordingly, we must reverse and remand for resentencing to permit the trial court an opportunity to review the sentence with the benefit of the new information; i.e., that Norton must now serve the nine-month sentence on the misdemeanor theft.”

Reversed and remanded.

Recommended for publication in the official reports.

Dist I, Milwaukee County, Schellinger and Gordon, JJ., Wedemeyer, P.J.

Attorneys:

For Appellant: Peter M. Koneazny, Milwaukee

For Respondent: Robert D. Donohoo, Milwaukee; Maura F. J. Whelan, Madison