On Point blog, page 2 of 2
Double Jeopardy – Sentence: Modification – Four Months After Sentencing, As Violating Expectation of Finality
State v. Guy R. Willett, 2000 WI App 212, 238 Wis.2d 621, 618 N.W.2d 881
For Willett: Susan E. Alesia, SPD, Madison Appellate
Issue: Whether the trial court had authority to change its sentences from concurrent to consecutive to a separately imposed sentence, four months later, after concluding that its sentencing was based on an erroneous understanding of the law.
Holding: Although the trial court clearly wanted its sentences to run consecutive to a separately imposed sentence,
Double Jeopardy – Sentence: Amending Sentence to Correct Mistaken Oral Pronouncement
State v. Frank James Burt, 2000 WI App 126, 237 Wis. 2d 610, 614 N.W.2d 42
For Burt: Michael P. Jakus
Issue: Whether the trial court violated double jeopardy by amending sentence the same day of imposition, before judgment of conviction had been entered, after realizing it had mistakenly said “concurrent” instead of “consecutive.”
Holding: “The double jeopardy clauses did not attach a degree of finality to Burt’s original sentence that prevented the trial court from correcting its error later in the same day,”