2009AP436-CR State v. Morris

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Sentencing
Earned release program; freedom of association

Deon M. Morris has appealed from a judgment convicting him of uttering a forgery, party to the crime and sentencing him to one year of initial confinement and two years of extended supervision, consecutive to another sentence he was serving for a Milwaukee County offense. Morris also appeals from an order denying his motion for postconviction relief.
Morris raises two issues on appeal: (1) whether the trial court erred when it determined that he was ineligible for the challenge incarceration and earned release programs; and (2) whether the trial court violated his constitutional right to freedom of association when, as a condition of extended supervision, it prohibited him from residing with a member of the opposite sex without permission of the trial court. We conclude that the trial court acted within the scope of its discretion when it determined that Morris was ineligible for the challenge incarceration and earned release programs. Because the trial court amended the conditions of extended supervision during postconviction proceedings to delete the condition restricting Morris' residence with members of the opposite sex, the second issue raised by Morris is moot. We therefore affirm the judgment and order. This opinion will not be published.

2009AP436-CR State v. Morris

Dist II, Kenosha County, Schroeder, J., Per Curiam

Attorneys: For Appellant: Bolger, John M., Whitefish Bay; For Respondent: Kassel, Jeffrey J., Madison; Zapf, Robert D., Kenosha

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