Sentencing – modification — fines and costs

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Wisconsin Court of Appeals

Criminal

Sentencing – modification — fines and costs

Gary Campbell appeals from an order denying his motion for sentence modification. Campbell contends that: (1) the circuit court erred by applying bail money from a separate case to satisfy the financial obligations in these cases; and (2) the clerk of the circuit court entered fines, costs and surcharges in the judgments of conviction that were not ordered by the court. The State asserts that Campbell’s challenge to the assessed monetary obligations is untimely and lacks merit. However, the State concedes that Campbell overpaid as to one of the cases.

We conclude that the record establishes that Campbell did not contest the court’s statement that the funds from Campbell’s bond in another case would be used to pay the monetary obligations in these cases, and thus Campbell may not now argue that the court erred by doing so. However, we also conclude that the record does not support the imposition of jail surcharges in three of the cases. Accordingly, we affirm in part, reverse in part, and remand for the circuit court to enter modified judgments of conviction and an order directing a partial refund to Campbell. This opinion will not be published.

2011AP378-CR, 2011AP379-CR, 2011AP380-CR, 2011AP381-CR, 2011AP382 State v. Campbell, et al.

Dist IV, Wood County, Potter, J., Per Curiam

Attorneys: For Appellant: Campbell, Gary B., pro se; For Respondent: Henkelmann, John P., Wisconsin Rapids; Larson, Sarah K., Madison