Sentencing – probation — maximum length

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Wisconsin Court of Appeals

Criminal

Sentencing – probation — maximum length

Aaron Loos appeals a judgment of conviction for disorderly conduct with use of a dangerous weapon pursuant to Wis. Stat. §§ 947.01 and 939.63(1)(a), and an order denying his motion for postconviction relief. He argues the circuit court erred by imposing a two-year period of probation when the maximum allowed by statute was a one-year probationary term. He also asks us to vacate the sentence he received after his probation was revoked because he contends the Department of Corrections did not commence revocation proceedings until after the expiration of the permissible one-year probationary term.

We conclude Loos’s two-year probationary term exceeds the maximum allowed by statute and Loos’s term of probation had expired before the Department of Corrections commenced revocation proceedings. Accordingly, we reverse and remand with directions to modify the judgment of conviction to reflect a one-year probationary term and to vacate the court’s sentence after revocation. This opinion will not be published.

2012AP2154-CR State v. Loos

Dist III, Oconto County, Judge, J., Stark, J.

Attorneys: For Appellant: Kachinsky, Leonard D., Appleton; For Respondent: Weber, Gregory M., Madison; Burke, Edward D., Jr., Oconto