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2006 WI App 82

State v. Presley

Court of Appeals of Wisconsin

Decided April 18, 2006

Court of Appeals of Wisconsin · decided 2006-04-18

Cited by 8 later decisions — most recently July 2017

8 state decisions

Key passage — most relied on by later courts

“that a post-revocation confinement order is a 'sentencing' for all purposes.”

quoted by 1 later decision, including 2007 WI App 168 - State v. Hall

Relies on State v. Swiams

Good law ✅— No negative treatment on recordhow we know

Decided 2006-04-18

View the full empirical analysis of this case →

16. FINE, J.

¶1{concurring). I join in the Majority opinion except as it may be perceived by some to read more into State v. Swiams, 2004 WI App 217, 277 Wis. 2d 400, 690 N.W.2d 452, than is there.

¶2¶ 17. In Swiams, we held that for the purposes of the scope of appellate review of an order of confinement following revocation of extended supervision, see Wis. Stat. § 302.113(9)(am) ("If the extended supervision of the person is revoked, the person shall be returned to the circuit court for the county in which the person was convicted of the offense for which he or she was on extended supervision, and the court shall order the person to be returned to prison for any specified period of time that does not exceed the time remaining on the bifurcated sentence."), appellate review may be triggered by compliance with Wis. Stat. Rule 809.30(2)(b), which, requires a defendant to file "a notice of intent to pursue postconviction .. . relief' "[wjithin 20 days after the date of sentencing." Swiams, 2004 WI App 217, ¶¶ 6-23, 277 Wis. 2d at 405-420, 690 N.W.2d at 454-462. We did not hold, and I do not read the Majority *747opinion to say that we did, that a post-revocation confinement order is a "sentencing" for all purposes. Indeed, we pointed out that "sentencing" in Wisconsin is a coat of many colors. Id.,2004 WI App 217, ¶ 16, 277 Wis. 2d at 413-414, 690 N.W.2d at 459. Our holding in Swiamsis: "In light of the need for meaningful assessment of decisions that deprive persons of their liberty, we perceive no reason why a 'sentencing' under Wis. Stat. Rule 809.30 should not encompass reconfinement under Wis. Stat. § 302.113(9)(am)." Swiams, 2004 WI App 217, ¶ 23, 277 Wis. 2d at 419, 690 N.W.2d at 461 (citation and statute date-modifier omitted). That is the Alpha and Omega of Swiams.

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