State v. Gibbons

The public defender has moved to dismiss the writ of error or to summarily affirm the judgment of conviction and sentence. Under sec. 974.05 (1) (c), Stats., the state is permitted to appeal a “judgment and sentence . . . not authorized by law”. “Judgment” is defined as an adjudication by the court that the defendant is guilty or not guilty. Sec. 967.02 (8). The state is not challenging the judgment in this case. As the public defender points out, a sentence is the means by which the court imposes a punishment or penalty provided by statute for the offense upon the person found guilty, as…