State v. Comstock

This is a review of a published decision of the court of appeals, State v. Comstock, 163 Wis. 2d 218, 471 N.W.2d 596 (Ct. App. 1991), reversing an order of the Outagamie county circuit court, John P. Hoffmann, Circuit Judge. The issue on review is whether the double jeopardy clause of the United States Constitution was violated when a circuit court (Judge Michael Gage in this case), upon considering a presentence investigation, vacated sua sponte *921the previously accepted no contest pleas and reinstated the felony charges contained in the original information.1

For the reasons set forth, we hold…