01-2398 State v. Helm

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“We conclude pursuant to State v. Martin, 121 Wis. 2d 670, 360 N.W.2d 43 (1985), that the circuit court had authority to resentence Helm to correct his prior invalid sentence and that the circuit court’s corrected sentence was properly based upon a desire to implement the original dispositional scheme as manifested by the sentencing proceeding that produced the invalid sentence. …

“When the circuit court learned at the resentencing hearing that the option of probation was not available, the need for the extended controls over Helm did not magically disappear. To the contrary, the circuit court still saw the need to keep Helm under the control of the State for a period beyond the six-year sentence on count one. The ten-year sentence on count two, amended from a consecutive to a concurrent term, was in keeping with the court’s original sentencing scheme. Therefore, the requirements of Martin were satisfied in this case.”

Order affirmed.

Recommended for publication in the official reports.

Dist II, Winnebago County, Haase, J., Nettesheim, P.J.

Attorneys:

For Appellant: Timothy J. Helm, Redgranite; Joseph N. Ehmann, Madison

For Respondent: Joseph F. Paulus, Oshkosh; Gregory M. Weber, Madison