State v. Foellmi

One issue is presented by this appeal: May a trial court validly sentence an individual to a term of one year or more in the state reformatory with the intention (at the time of sentencing) of bringing such individual two months thereafter before the court in order to modify the initial sentence, stay such sentence, and grant probation ?

The trial court’s original sentence here was invalid because it did not conform to the requirements of sec. 973.02, Stats. This section provides:

“973.02 Place of imprisonment when none expressed. When a statute authorizes imprisonment for its violation but…