[Download] "State Wisconsin v. Denia Harris" by United States Court of Appeals for the Second Circuit # Book PDF Kindle ePub Free
eBook details
- Title: State Wisconsin v. Denia Harris
- Author : United States Court of Appeals for the Second Circuit
- Release Date : January 28, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
This is a review of a decision of the court of appeals, dated August 23, 1983, which affirmed the judgment and order of the circuit court for Kenosha county, Robert Baker, Judge, convicting the defendant of aiding and abetting attempted robbery and as a repeater in violation of secs. 939.05, 939.32, 943.32(1)(a), and 939.62(1)(b), Stats. The court of appeals held that, because the trial court did not impose a sentence for greater than the maximum allowed by law for a first offender attempted robbery, sec. 939.62 could not have been applied and, therefore, it need not decide whether Harris was a repeater. We affirm the decision of the court of appeals as modified, because we conclude that the six month enhancement of the sentence imposed by the trial court in consideration of the repeater status was an abuse of discretion, because sec. 939.62, as a matter of law, was not applicable to a less than maximum sentence and, hence, could not be used to enhance the thirty month sentence imposed for the substantive offense of attempted robbery.
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