Legal Opinion

State v. Anderson

Court of Appeals of Wisconsin

Decided November 5, 2015No. 2014AP982-CRPublished

1Opinion of the CourtLundsten, J.

¶ 1. The question here is whether sentence adjustment under Wis. Stat. § 973.195 is available to reduce confinement time for persons serving an enhanced misdemeanor prison term. As we explain further in the discussion section below, an enhanced misdemeanor prison term is imposed when (1) a defendant is convicted of a misdemeanor and is subject to penalty enhancement, such that a bifurcated sentence under Wis. Stat. § 973.01(1) is a possibility and (2) the court actually chooses to impose prison time. We conclude that persons serving an enhanced misdemeanor prison term are eligible for…

2Cases cited9 opinions

  1. Seider v. O'CONNELLWisconsin Supreme Court · 2000
  2. State v. RogersCourt of Appeals of Wisconsin · 1995
  3. State v. StenklyftWisconsin Supreme Court · 2005
  4. Storm Ex Rel. Smoler v. Legion InsuranceWisconsin Supreme Court · 2003
  5. State v. SchulpiusWisconsin Supreme Court · 2006

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