Criminal Procedure — Intrastate Detainer Act

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — Intrastate Detainer Act

Where there is good cause for a continuance under the Speedy Trial Act, there is also good cause under the Intrastate Detainer Act.

“The legislative history of WIS. STAT. § 971.11(2) supports our conclusion.  The predecessor to the current Intrastate Detainer Act contained a provision for continuance.  WISCONSIN STAT. § 955.22(2)(b) (1967) made an exception to the 180-day deadline when ‘[t]he trial is continued for cause upon notice to the defendant or his counsel or upon motion of defendant.’  The new version shortened the time frame to 120 days, took out the provision for continuance, and added ‘subject to [WIS. STAT. §] 971.10,’ 1969 Wis. Laws, ch. 255, §§ 55, 63, thus preserving the ability to continue the trial by importing the continuance provision from § 971.10.”

Reversed.

Recommended for publication in the official reports.

2012AP2243-CR State v. Butler

Dist. II, Kenosha County, Kluka, Warren, J., Neubauer, J.

Attorneys: For Appellant: Gansner, William L., Madison; Zapf, Robert D., Kenosha; For Respondent: Pinix, Matthew S., Milwaukee