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State V. Brown

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eBook details

  • Title: State V. Brown
  • Author : State of Wisconsin in Court of Appeals District I
  • Release Date : January 30, 2010
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 59 KB

Description

¶1 John E. Brown appeals from a judgment of conviction for one count of misappropriation of personal identifying documents, contrary to WIS. STAT.§ 943.201(2)(a) (2007-08),*fn1 and from an order denying the majority of the relief Brown sought in his post-conviction motion.*fn2 Brown, who was placed on probation and ordered to serve time in jail with work-release privileges as a condition of probation, challenges the trial court's subsequent decision to cancel his work-release privileges, arguing: (1) the trial court lacked authority to impose conditional jail time without work-release privileges; (2) permitting a trial court to cancel work-release privileges usurps the sheriff's authority to restrict work-release privileges for up to five days as a method of discipline; and (3) cancellation of Brown's work-release privileges violates the double jeopardy clauses of the United States and Wisconsin Constitutions, and his sentence should therefore be converted to time served. In the alternative, Brown argues that he is entitled to a hearing on the other issues raised in his motion for post-conviction relief, including allegations that the trial court erroneously exercised its sentencing discretion and that trial counsel was ineffective. We reject Brown's arguments and affirm the judgment and order.*fn3


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