State v. Carpenter

Frederick Carpenter appeals from an order and an amended judgment finding him in contempt of court under sec. 785.01(l)(b), Stats., and sentencing him to two years in prison. The issue on appeal is whether a punitive sanction imposed pursuant to sec. 785.04(2)(a), Stats.,1 may be enhanced under sec. 939.62, Stats.,2 the habitual criminality statute.

*840We conclude that contempt of court is not a crime. We further hold that sec. 939.62, Stats., does not grant the trial court the authority to increase a punitive sanction for contempt of court. Therefore, we reverse and remand the cause for the…