State v. Sorenson

The sole issue on this review is whether the trial court was in error in committing the defendant to the welfare department (1) for an indeterminate term, (2) not to exceed one year, when the maximum term for indecent behavior with a child is ten years. 2 The trial court committed the defendant in error to the department of public welfare under secs. 959.15 (6) 3 and 959.05, 4 Stats.

Under sec. 959.15 (6), Stats., there are only two alternatives available to the trial court when the department of public welfare recommends specialized treat ment: The defendant is either placed on probation,…