Criminal Procedure – double jeopardy

By: WISCONSIN LAW JOURNAL STAFF//December 23, 2014//

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Wisconsin Court of Appeals

Criminal

Criminal Procedure – double jeopardy

APPEAL from an order of the circuit court for Fond du Lac County: GARY R. SHARPE, Judge. Affirmed.

Martin V. Yanick, Jr., appeals from an order denying his postconviction motion to vacate the six-year bifurcated sentence imposed following the revocation
of his probation on the ground that the trial court’s original sentence was invalid and caused him to reasonably believe that his probation had discharged
prior to the date on which it was revoked. We conclude that the trial court’s original sentence was valid, that Yanick’s consecutive probationary term was
not made concurrent by virtue of an error by the department of corrections (DOC), and that the sentence does not violate principles of double jeopardy. We
affirm.

2014AP000473 State v. Martin V. Yanick, Jr.

DISTRICT II, Fond du Lac County, GARY R. SHARPE, PER CURIAM

Attorneys: For Respondent: Toney, Eric, Johnson-Karp, Gabe

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