State v. Tollefson

This is an appeal from a judgment of conviction and sentence for escape, contrary to sec. 946.42(2) (d), Stats. 1975, entered on February 23, 1976, and an order denying a motion for post-conviction relief entered on June 17, 1976, in the county court for Polk county, the Honorable Michael B. Cwayna, presiding.

The question is, did the trial court have the authority to sentence the defendant under sec. 946.42(2) (d), Stats., when the defendant at the time of the escape was serving a sentence in the county jail for a misdemeanor?

We conclude that the court did not have such authority and that the…