By: WISCONSIN LAW JOURNAL STAFF//March 15, 2011//
Criminal Procedure
Double jeopardy
Michael Waite appeals an amended judgment sentencing him after revocation of his probation and an order denying his motion to reinstate the sentence imposed in the initial judgment. Because we conclude that Waite had a legitimate expectation of finality in the sentence initially imposed and amendment of the sentence violated Waite’s double jeopardy right, we reverse the judgment and order and remand the matter for reinstatement of the initial sentence on count two, bail jumping. This opinion will not be published.
2010AP1463-CR State v. Waite
Dist III, Outagamie County, McGinnis, J., Per Curiam
Attorneys: For Appellant: O’Connell, Timothy T., Green Bay; For Respondent: Whelan, Maura F.J., Madison; Schneider, Carrie A., Appleton