Pleas & Sentencing – Sentence Adjustment

By: Derek Hawkins//November 10, 2015//

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Criminal

WI Court of Appeals – District IV

Officials: Lundsten, Sherman and Blanchard, JJ

Pleas & Sentencing – Sentence Adjustment

2014AP982-CR State of Wisconsin v. Jamie R. Anderson

The question here is whether sentence adjustment under WIS. STAT. § 973.195 is available to reduce confinement time for persons serving an enhanced misdemeanor prison term. As we explain further in the discussion section below, an enhanced misdemeanor prison term is imposed when (1) a defendant is convicted of a misdemeanor and is subject to penalty enhancement, such that a bifurcated sentence under WIS. STAT. § 973.01(1) is a possibility and (2) the court actually chooses to impose prison time. We conclude that persons serving an enhanced misdemeanor prison term are eligible for sentence adjustment under § 973.195. Accordingly, we reverse the circuit court.

Reversed and Remanded

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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