(DOWNLOAD) "State v. Douglas" by State of Wisconsin in Court of Appeals District I " eBook PDF Kindle ePub Free
eBook details
- Title: State v. Douglas
- Author : State of Wisconsin in Court of Appeals District I
- Release Date : January 15, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
1 Nathaniel L. Douglas appeals from an amended judgment of conviction for possessing cocaine and imposing a related fine, and from a post-conviction order summarily denying his motion for plea withdrawal and sentence modification. The issues are whether Douglas is entitled to plea withdrawal and sentence modification for the trial courts respective failures to explain: (1) as a consequence of Truth-in-Sentencing (which abolished parole), he would be required to serve every day of confinement imposed; and (2) the amount of the fine, and its failure to determine Douglass ability to pay. We conclude that: (1) the trial court was not obliged to inform Douglas of the collateral consequence that he would be serving every day imposed for confinement as a result of Truth-in-Sentencing (as we held in State v. Plank, 2005 WI App 109, 12-17, 282 Wis. 2d 522, 699 N.W.2d 235); and (2) the trial court erroneously exercised its discretion in failing to explain why it imposed the amount of the fine it did, and in failing to determine whether Douglas had the ability to pay that fine.Therefore, we affirm the judgment and that part of the order controlled by Plank, and reverse the remainder of the order regarding the fine, and remand for further proceedings to determine the amount of the fine and Douglass ability to pay that amount.
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