On Point: 36. Sentencing

William Olson v. Kaprelian, 202 Wis. 2d 377, 550 N.W.2d 712 (Ct. App. 1996)
For Olson: Terry W. Rose

Issue: Whether bail posted under a bond in a seprate criminal case may be forfeited in order to satisfy a restitution obligation.

Holding:

In regards to this jurisdictional question, Olson … argues that a trial court has no jurisdiction to simply issue an order that assigns funds directly from a bond to the crime victim.We agree and thus hold that the trial court’s order is void as a matter of law.

William Olson v. Kaprelian, 202 Wis. 2d 377, 550 N.W.2d 712 (Ct. App. 1996)
For Olson: Terry W. Rose

Issue/Holding:

The statutory section governing restitution allows a defendant to reduce civil damages awarded to the crime victim by amounts paid pursuant to a restitution order. See § 973.20(8), Stats. We read this statute to likewise enable a defendant to try to reduce the amount he or she owes because of a restitution award during settlement negotiations on the companion civil case.

State ex rel. Hill v. Zimmerman, 196 Wis. 2d 419, 538 N.W.2d 608 (Ct. App. 1995)

Issue/Holding:

Section 972.15(2), Stats., provides, “When a presentence investigation report has been received the judge shall disclose the contents of the report to the defendant’s attorney … prior to sentencing.” (Emphasis added.) Thus, before sentencing, a defendant has an absolute right to obtain the presentence report. In such a setting,