State v. Mason

¶ 1. Brandon Mason seeks resen-tencing. He argues that the circuit court misconstrued the felony murder statute, Wis. Stat. § 940.03 (1999-2000), 1 and, therefore, miscalculated Mason's possible maximum term of initial confinement. For purposes of calculating initial confinement, it matters under truth-in-sentencing whether felony murder is a penalty enhancer added to the underlying crimes listed in that statute, or instead is a stand-alone unclassified crime. The circuit court concluded that felony murder is a penalty enhancement statute and, consequently, that felony murder/armed robbery…