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Sentencing – probation — modification
By: WISCONSIN LAW JOURNAL STAFF//February 14, 2012//
Listen to this articleWisconsin Supreme Court
Criminal
Sentencing – probation — modification
Section 973.09(3)(a) does not grant a circuit court authority to reduce the length of probation.
“Rather, the plain language of § 973.09(3)(a) grants a circuit court authority only to ‘extend probation for a stated period’ or to ‘modify the terms and conditions’ of probation. When subsection (3)(a) is read in context, it is clear that the authority to “modify the terms and conditions” of probation does not include the authority to reduce the length of probation. Accordingly, in this case, the circuit court erred as a matter of law when it relied upon § 973.09(3)(a) to reduce the length of Dowdy’s probation.”
Affirmed.
Ziegler, J.
Attorneys: For Appellant: Kenney, Patrick J., Milwaukee; Loebel, Karen A., Milwaukee; Freimuth, James M., Madison; Weber, Gregory M., Madison; For Respondent: Cahill, Bryan J., Madison
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