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Sentence Modification

By: Derek Hawkins//January 20, 2021//

Sentence Modification

By: Derek Hawkins//January 20, 2021//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Jack B. Gramza

Case No.: 2020AP100-CR

Officials: Brash, P.J., Dugan and Donald, JJ.

Focus: Sentence Modification

Jack B. Gramza appeals an order of the circuit court denying his request for sentence modification upon his successful completion of the Substance Abuse Program (SAP). Under the statute authorizing this program, within thirty days of completion, the defendant’s sentence is required to be modified, converting the remaining period of initial confinement to extended supervision, and the defendant is to be released.

Gramza had pled guilty to operating a motor vehicle while intoxicated as a seventh offense (OWI-7th), which, by statute, requires a mandatory minimum term of initial confinement of three years. However, Gramza completed the SAP approximately six months into his sentence, and seeks release pursuant to the SAP statute. He further argues that failing to authorize his release under the SAP would violate the double jeopardy clause.

The circuit court interpreted the conflict between the OWI-7th statute and the SAP statute as requiring that the mandatory minimum term of initial confinement for an OWI-7th be served by a defendant, regardless of whether the SAP was completed. The circuit court also rejected Gramza’s double jeopardy argument. We agree, and therefore affirm the order of the circuit court.

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Derek A Hawkins is Associate Corporate Counsel, IP at Amazon.

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