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Drinkwater v. State

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eBook details

  • Title: Drinkwater v. State
  • Author : Supreme Court of Wisconsin
  • Release Date : January 16, 1975
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

The basic situation in each of these cases is identical. Each defendant was convicted and placed on probation. Subsequently,
each defendant was convicted of another offense and sentenced to prison for that offense. As a result of the later conviction,
the probation on the first conviction was revoked, and in each case the revoking trial Judge ordered that the sentence imposed
after the revocation of probation in the first conviction was to be served consecutive to the sentence imposed after placing
the defendant on probation. It is the argument of each of the defendants, Willie Lee Drinkwater and Larry Trotter, that upon revocation of probation
the trial Judge has no statutory authority to order that the sentence then imposed be made consecutive to other sentences.
They argue that the sentence ordered after revocation must commence immediately, and that, therefore, its commencement cannot
be made effective in the future upon the completion of another prison term.


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