State v. Thums

¶ 1. The circuit court sentenced Ronnie L. Thums for stalking with a dangerous weapon in accordance with the penalty scheme in place under TIS-I, Wisconsin's original "truth in sentencing" statutes. Thums claims the court should instead have imposed the penalties in effect after the second wave of TIS statutes became effective because the one instance in which he used a weapon occurred after that time. We agree. Because he had not committed all the elements of his crime until after TIS-II went into effect, the State could not have charged Thums with this offense during TIS-I. We cannot allow…