State v. Mahone

This is an appeal from an order of March 9, 1984, revoking Ernest J. Mahone's conditional release, previously granted under sec. 971.17(2), Stats., and recommitting Mahone under sec. 971.17(3).

Upon appeal, Mahone raises various constitutional challenges to sec. 971.17(3), Stats. We reject these arguments and conclude that the statute is constitutional on its face and as applied against Mahone in these proceedings. We also reject Mahone's claim that a finding of present mental illness is necessary in a sec. 971.17(3) revocation/recommitment proceeding. We further reject Mahone's claims that…