District IV
April 28, 2014
To:
Hon. William Andrew Sharp
Circuit Court Judge
181 W. Seminary St.
Richland Center, WI 53581
Stacy Kleist
Clerk of Circuit Court
Richland County Courthouse
181 W. Seminary St.
Richland Center, WI 53581
Thomas J. Balistreri
Assistant Attorney General
P.O. Box 7857
Madison, WI 53707-7857
Amy Elizabeth Forehand
Assistant District Attorney
181 W. Seminary St.
Richland Center, WI 53581-2356
Mark Henning 127695
Prairie du Chien Corr. Inst.
P.O. Box 9900
Prairie du Chien, WI 53821
You are hereby notified that the Court has entered the following opinion and order:
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2013AP178-CR |
State v. Mark Henning (L.C. # 2009CF36) |
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Before Blanchard, P.J., Lundsten and Kloppenburg, JJ.
Mark Henning appeals a civil judgment for a criminal fine and costs. Based upon our review of the briefs and record, we conclude at conference that this case is appropriate for summary disposition. See Wis. Stat. Rule 809.21 (2011-12).[1] We affirm.
Henning argues that the circuit court erred in converting his fine and costs to a civil judgment because at sentencing the court made the fine and costs a condition of extended supervision, which, he argues, means that he has until the end of extended supervision to pay them before they can be converted to a civil judgment.
We reject the argument. The judgment of conviction does not state that payment of the fine and costs is a condition of extended supervision. Henning argues that the court made such a pronouncement orally at sentencing. The passage he relies on is ambiguous, at best. However, even if one reasonable reading might be in the manner Henning proposes, we would reject that reading because the court had no legal authority to delay the payment of a fine and costs beyond sixty days, unless the court was ordering restitution or placing the defendant on probation. Wis. Stat. § 973.05(1), (1m), and (2). Accordingly, because the court here did not order the fine and costs paid as a condition of extended supervision, the court properly issued a civil judgment under § 973.05(4)(a) before completion of Henning’s extended supervision.
IT IS ORDERED that the judgment appealed is summarily affirmed under Wis. Stat. Rule 809.21.
Diane M. Fremgen
Clerk of Court of Appeals