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Sentencing — extended supervision

Wisconsin Court of Appeals

Criminal

Sentencing — extended supervision

Torrey L. Smith-Iwer appeals the judgment, entered following a jury trial, convicting him of two counts of battery-domestic abuse, as a repeater, and two counts of bail jumping-domestic abuse, as a repeater, contrary to Wis. Stat. §§ 940.19(1), 968.075(1)(a), 946.49(1)(a) and 939.62(1)(a) (2011-12). He also appeals from the order denying his postconviction motion. Smith-Iwer argues that the trial court’s sentence of one year of initial confinement and one year of extended supervision on each count, to be served consecutively, was an illegal sentence. He contends that pursuant to State v. Volk, 2002 WI App 274, 258 Wis. 2d 584, 654 N.W.2d 24, a sentencing court may not impose any portion of a penalty enhancer as extended supervision, and that pursuant to State v. Gerondale, 2010 WI App 1, 322 Wis. 2d 737, 778 N.W.2d 172, unpublished slip op. (Nov. 3, 2009), his misdemeanor prison sentence of one year required the trial court to sentence him to only three months of extended supervision in order to comply with the 25 percent minimum extended supervision requirement of the statute as Gerondale dictated. As a consequence of the holding in these two cases, Smith-Iwer asserts that his sentences are illegal. Affirmed. This opinion will not be published.

2013AP1426-CR State v. Smith-Iwer

Dist I, Milwaukee County, Dallet, J., Curley, P.J.

Attorneys: For Appellant: Ward, Cheryl A., West Allis; For Respondent: Loebel, Karen A., Milwaukee; Weber, Gregory M., Madison


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