Legal Opinion

State v. Helm

Court of Appeals of Wisconsin

Decided May 15, 2002No. 01-2398PublishedCited by 1 opinion

1Opinion of the Court

NETTESHEIM, EJ.

¶ 1. Timothy J. Helm appeals pro se from an order denying his motion for postcon-viction sentence modification pursuant to Wis. Stat. § 974.06 (1999-2000) 1 on grounds of due process and double jeopardy. Helm argues that the circuit court erred when, in the process of correcting an unlawful sentence, it increased Helm's sentence without just cause.

¶ 2. While we agree with Helm that the circuit court increased Helm's sentence on resentencing, we disagree that it lacked authority to do so. We conclude pursuant to State v. Martin, 121 Wis. 2d 670, 360 N.W.2d 43 (1985), that the…

2Cases cited9 opinions

  1. North Carolina v. PearceSupreme Court of the United States · 1969
  2. Bozza v. United StatesSupreme Court of the United States · 1947
  3. State v. KlessigWisconsin Supreme Court · 1997
  4. State v. MartinWisconsin Supreme Court · 1985
  5. State v. CarterWisconsin Supreme Court · 1997

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3Cited by1 opinion

  1. State v. NaydihorCourt of Appeals of Wisconsin · 2002

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