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Appropriate Issue for Court of Appeals?

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Clancy's Friend

Junior Member
What is the name of your state?Wisconsin. A friend of mine got sentenced to 3 yrs. on a drug charge. Shortly before he went to prison he picked up another case. He got 2 1/2 yrs. incarceration and 6 1/2 yrs. extended supervision on the second case. The sentence was supposed to run where he served 2/3rds of his time (2 yrs.) in prison and the other 3rd (1yr.) on parole for the first charge. He had a maximum discharge date of 3 years on the first charge, however, this date came and went while he was serving his incarceration time for the second sentence. The records keeper at the correctional facility stopped his time after the 2 yrs. on his first sentence was served and added the last year onto his extended supervision. It's my understanding that once the court has imposed a sentence it is a binding agreement and not even the judge can alter once a max. discharge date has been pronounced let alone a representative of the courts at the correctional facility. The sentence for the first case should have run it's course as stipulated by the courts and he should have discharged off the case as soon as the maximum 3yrs. were up. It's my feelings that he should have 6 1/2 yrs. extended supervision total instead of 7 1/2 since the max. discharge date has already occured. Is there anything that can be done now that he has already served his time in prison? He filed for post-conviction relief within the proper time frame while he was in prison but got a no-merit outcome. Could he continue the matter and take it to the Wisconsin Court of Appeals and get that year taken off his extended supervision? Is there a time limit on this? Please help!
 


ptlmejo

Member
He got 2 1/2 yrs. incarceration and 6 1/2 yrs. extended supervision on the second case. The sentence was supposed to run where he served 2/3rds of his time (2 yrs.) in prison and the other 3rd (1yr.) on parole for the first charge.
Do you find math hard? 2.5 + 2 = 4.5 = Prison. 6.5 + 1 = 7.5 = Extended Supervision.

Obviously, the judge ordered consecutive sentences, thus, the times add up, not overlap. Furthermore, the DOC isn't going to release someone after the two years to serve their one year of extended supervision and then expect them to report back when that's up to sit the other two and a half.

Sounds like the DOC got it right to me.
 

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