00-2790 In Re the Commitment of Normington: State v. Normington

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Frank Normington appeals from an order denying his motion for relief under Wis. Stat. sec. 806.07 (1999-2000) from an order of commitment under Wis. Stat. ch. 980.

We affirm.

Normington was found to be a sexually violent person and ordered committed in April 1998. On appeal, we affirmed the order in May 1999. Normington sought discretionary review in higher courts, which was denied in November 1999. In August 2000 he filed a motion for relief from the commitment order under Wis. Stat. sec. 806.07. That motion was denied, and Normington now appeals.

Normington argues that the commitment order must be vacated because the State failed to prove that he was within 90 days of release when the petition for commitment was filed. However, after this appeal was briefed, we held that this issue can be raised only by persons whose cases were on direct appeal and not finalized as of June 23, 2000. Normington’s direct appeal was finalized in November 1999, and therefore he cannot raise this issue.

Affirmed.

This opinion will not be published.

Dist IV, Rock County, Welker, J., Per Curiam

Attorneys:

For Appellant: David D. Cook, Monroe

For Respondent: Marguerite M. Moeller, Madison; David J. O’Leary, Janesville