Sentencing — sentence adjustment

Listen to this article

Criminal
Sentencing — sentence adjustment

Under sec. 973.195(1r), consecutive sentences are to be considered separately, when calculating the proper time to move for sentence adjustment.

“We conclude that the statute plainly supports the trial court’s interpretation. The statute very clearly states that ‘[i]f an inmate is subject to more than one sentence imposed under this section, the sentences shall be treated individually for purposes of sentence adjustment under this subsection.’ See WIS. STAT. § 973.195(1r). There is no alternative interpretation; multiple sentences are to be considered separately for the purpose of sentence adjustment. Additionally, § 973.195(1g) provides that the time an inmate must serve in prison before filing for an adjustment differs depending on the severity of the felony. Were we to contradict the very plain mandate of subsection (1r), the language of subsection (1g) would be completely eviscerated. The statute is plain, and the trial court correctly followed the plain language in concluding that Polar’s sentences were to be considered separately for adjustment purposes.”

Affirmed.

Recommended for publication in the official reports.

2013AP1433-CR State v. Polar

Dist. I, Milwaukee County, Dugan, J., Curley, J.

Attorneys: For Appellant: Anderegg, Rex, Milwaukee; For Respondent: Loebel, Karen A., Milwaukee; Noet, Nancy A., Madison

Full Text