Spannuth v. State

Two issues are presented for review:

1. May this sentence be reviewed by writ of error?

2. Was the action of the trial court of imposing restitution in addition to the sentence within the court’s jurisdiction?

Route of appeal.

The defendant in effect appeals from the sentence.

The overall sentence is challenged insofar as it contains the requirement of restitution, orally ordered by the trial court.

We think the proper method of correction is via a sec. 974.06, Stats., motion:

“Post-conviction procedure. (1) A prisoner in custody under sentence of a court claiming the right to be re leased upon the…