State v. Austin

Lee Austin appeals from a judgment convicting him of recklessly endangering safety and possession of a firearm by a felon, contrary to secs. 941.30(2) and 941.29(2), Stats., respectively, and from an order denying his motion for post-conviction relief. Because the trial judge was without authority to act during a sentencing hearing due to his having been substituted earlier in the proceedings pursuant to sec. 971.20, Stats., we reverse and remand to the trial court for sentencing.

The relevant facts are undisputed. In a joint criminal complaint filed May 17, 1990, Lee Austin and his brother,…