01-1434 State v. Fenz

By: dmc-admin//September 30, 2002//

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This is because the court determined that defendant needed to receive institutional sexual offender treatment and that completion of the program required at least six years’ incarceration.

“In order to accomplish this very specific incarceration goal, it was necessary for the court to consider those factors that would influence the amount of time Fenz actually would spend in prison. This determination required consideration of the amount of presentence credit. Accordingly, we conclude that the circuit court properly deviated from the Klimas/Struzik rule because it articulated a specific time-related incarceration goal and that goal required the court to consider the presentence credit due Fenz.”

Judgment and order affirmed.

Recommended for publication in the official reports.

Dist IV, Jefferson County, Hue, J., Roggensack, J.

Attorneys:

For Appellant: Eric S. Fenz, Oshkosh; Jacob W. Gobel, Ft. Atkinson

For Respondent: William L. Gansner, Madison; David J. Wambach, Jefferson

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