State v. MacHner

This case is one of three cases consolidated for purposes of appeal on certification from the court of appeals. The sole issue presented is whether a trial court has authority to vacate a Sex Crimes Act commitment for the purpose of sentencing the offender under the Criminal Code. We conclude the trial court has no such authority.

Hans Gerd Machner (Machner) was convicted on July 26, 1978, of two counts of second-degree sexual assault contrary to sec. 940.225(2) (a), Stats. 1975. He was committed to the Winnebago Mental Health Institute pursuant to sec. 975.01, Stats. 1975, for a determination…