State v. Szulczewski

James Szulczewski appeals from a judgment convicting him of battery by a prisoner, § 940.20(1), Stats., and from an order denying his motion for sentence modification. He contends that the sentencing court had no authority to order the five-year prison sentence on the b'attery conviction to commence immediately because he had not been discharged from his prior commitment under § 971.17, Stats. Defendant also claims the application of the enhanced penalties for battery under § 940.20(1) to a person committed under § 971.17 violates the Equal Protection Clause.

We conclude that immediate…