State v. Balgie

The sole issue presented is whether the trial court had authority to extend a probation for a period of one year where the original probation was revoked.

An examination of the statute delineating the power of the trial court upon revocation of a defendant’s probation reveals the trial judge did exceed his authority.

Sec. 973.10(2), Stats., provides in relevant part:

“ (2) If a probationer violates the conditions of his probation, the department may order him brought before the court for sentence which shall then be imposed without further stay or if he has already been sentenced, may order him…