[Download] "State v. Thums" by State of Wisconsin in Court of Appeals District II # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Thums
- Author : State of Wisconsin in Court of Appeals District II
- Release Date : January 19, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
1 The circuit court sentenced Ronnie L. Thums for stalking with a dangerous weapon in accordance with the penalty scheme in place during TIS-I, Wisconsins original "truth in sentencing" statutes. Thums claims the court should instead have imposed the penalties in effect after the second wave of TIS statutes became effective because the one instance in which he used a weapon occurred after that time. We agree. Because he had not committed all the elements of his crime until after TIS-II went into effect, the State could not have charged Thums with this offense during TIS-I. We cannot allow the government to benefit from a sentencing scheme that was obsolete before Thums offense became chargeable. We remand to the circuit court for resentencing pursuant to the proper penalty scheme.
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