CA Blank Order

Hon. John R. Race

Circuit Court Judge

Walworth County Courthouse

P.O. Box 1001

Elkhorn, WI 53121-1001

Sheila Reiff

Clerk of Circuit Court

Walworth County Courthouse

P.O. Box 1001

Elkhorn, WI 53121-1001

Joshua Patrick Grube

Assistant District Attorney

P.O. Box 1001

Elkhorn, WI 53121-1001

Marguerite M. Moeller

Assistant Attorney General

P.O. Box 7857

Madison, WI 53707-7857

Jason A. Sanders 213451

Dodge Corr. Inst.

P.O. Box 700

Waupun, WI 53963-0700

You are hereby notified that the Court has entered the following opinion and order:



	2012AP79	State of Wisconsin v. Jason A. Sanders (L.C. #2005CF170)

Before Neubauer, P.J., Reilly and Gundrum, JJ.

Jason A. Sanders appeals from an order denying a motion to correct or vacate his sentence. He contends that the circuit court erroneously extended his probation. Based upon our review of the briefs and record, we conclude at conference that this case is appropriate for summary disposition. Wis. Stat. Rule 809.21 (2011-12).[1] We affirm the order of the circuit court.

In 2005, Sanders was convicted following a guilty plea of one count of uttering a forgery. The circuit court withheld sentence and placed Sanders on probation for four years. As Sanders’ probation neared its completion, the court issued an order in March 2009, extending it for an additional four years due to outstanding court costs.

In December 2011, Sanders filed a motion to correct or vacate his sentence. In it, he challenged the circuit court’s extension of his probation as excessive. The circuit court denied Sanders’ motion on the ground that he had previously litigated the issue.[2] This appeal follows.

On appeal, Sanders contends that the circuit court erroneously extended his probation. He maintains that he was pressured into waiving a hearing on the department of corrections’ request to extend his probation. He further maintains that the court lacked statutory authority to extend his probation by four years, as a total of eight years of probation was beyond the maximum term of imprisonment that could be imposed for his crime.[3]

As noted by the State, there are several problems with Sanders’ argument. First, the order extending Sanders’ probation was entered in March 2009, a full two years and nine months before he filed his motion to correct or vacate his sentence. If Sanders had wanted to appeal that order, he should have done so within the time limits specified in Wis. Stat. § 808.04(1). Having failed to do so, his motion to the circuit court was untimely.

Second, Sanders’ argument that he was pressured into waiving a hearing on the department of corrections’ request to extend his probation is not properly before this court because Sanders did not present it to the circuit court in his motion. See State v. Schulpius, 2006 WI 1, ¶26, 287 Wis. 2d 44, 707 N.W.2d 495 (appellate court generally does not review an issue raised for the first time on appeal).

Finally, contrary to Sanders’ contention, the circuit court did have statutory authority to extend his probation beyond the maximum term of imprisonment that could be imposed for his crime. As this court explained in State v. Luu, 2009 WI App 91, ¶17, 319 Wis. 2d 778, 769 N.W.2d 125, “the plain language of Wis. Stat. § 973.09 authorizes probation extensions beyond the original term of probation, not limited by statutory limits on the original term.”

Upon the foregoing reasons,

IT IS ORDERED that the order of the circuit court is summarily affirmed, pursuant to Wis. Stat. Rule 809.21.

[1] All references to the Wisconsin Statutes are to the 2011-12 version unless otherwise noted.

[2] The State concedes that the circuit court’s reason for denying Sanders’ motion was erroneous, as none of his prior motions had challenged the extension of his probation. Nonetheless, the State submits that the circuit court’s ruling can be affirmed on other grounds. See, e.g., State v. Baudhuin, 141 Wis. 2d 642, 648, 416 N.W.2d 60 (1987). We agree.

[3] At the time of Sanders’ conviction, the maximum term of imprisonment for uttering a forgery was six years. See Wis. Stat. §§ 943.38(2) and 939.50(3)(h) (2005-2006).