COURT OF APPEALS DECISION DATED AND FILED December 22, 2009 David
R. Schanker Clerk of Court of Appeals |
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NOTICE |
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This opinion is subject to further editing. If published, the official version will appear in the bound volume of the Official Reports. A party may file with the Supreme Court a petition to review an adverse decision by the Court of Appeals. See Wis. Stat. § 808.10 and Rule 809.62. |
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Appeal No. |
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STATE OF WISCONSIN |
IN COURT OF APPEALS |
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DISTRICT I |
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State of Plaintiff-Respondent, v. Marquel A. Harris, Defendant-Appellant. |
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APPEAL
from an order of the circuit court for
Before Curley, P.J., Fine and Brennan, JJ.
¶1 PER CURIAM. Marquel A. Harris appeals from an order denying his motion to modify a sentence reconfining him after revocation of his extended supervision. He argues that the circuit court did not have authority to reconfine him because his probation had been improperly revoked several years earlier. We affirm.
¶2 On July 15, 2003, Harris was sentenced to four years of imprisonment for burglary, with two years of initial confinement and two years of extended supervision. The circuit court stayed the sentence and placed Harris on probation for three years. On June 1, 2006, shortly before Harris’s probation term was set to end, the circuit court entered a civil judgment against him for unpaid restitution and court-ordered obligations at the request of the Department of Corrections. Harris was placed in custody on July 11, 2006, several days before his three-year probation term would have expired. On August 30, 2006, Harris’s probation was revoked and he was ordered to serve the two-year term of initial confinement that had been imposed and stayed. On September 22, 2006, his probation revocation was upheld in an administrative appeal. Harris did not petition for certiorari review to the circuit court.
¶3 After serving two years in prison, Harris was released on extended supervision from his term of initial confinement on March 11, 2008. On May 7, 2008, Harris’s extended supervision was revoked. On June 24, 2008, the circuit court ordered Harris to return to prison for two years. Harris moved for modification of the sentence, but the circuit court denied his motion.
¶4 Harris argues that the circuit court did not have authority
to sentence him to two years of reconfinement on June 24, 2008, because his
probation had been improperly revoked on August 30, 2006, making his
incarceration and extended supervision since that date illegal. A challenge to a probation revocation
decision must be raised by petition for certiorari
review to the circuit court. State
ex rel. Reddin v. Galster, 215
¶5 Harris contends that we should consider his argument because the
court’s jurisdiction to impose sentence may be raised at any time. See
Bartus
v. DHSS, 176
By the Court.—Order affirmed.
This opinion will not be published. See Wis. Stat. Rule 809.23(1)(b)5. (2007-08).