972.13(1)(1) A judgment of conviction shall be entered upon a verdict of guilty by the jury, a finding of guilty by the court in cases where a jury is waived, or a plea of guilty or no contest.
972.13(2)
(2) Except in cases where
ch. 975 is applicable, upon a judgment of conviction the court shall proceed under
ch. 973. The court may adjourn the case from time to time for the purpose of pronouncing sentence.
972.13(3)
(3) A judgment of conviction shall set forth the plea, the verdict or finding, the adjudication and sentence, and a finding as to the specific number of days for which sentence credit is to be granted under
s. 973.155. If the defendant is acquitted, judgment shall be entered accordingly.
972.13(4)
(4) Judgments shall be in writing and signed by the judge or clerk.
972.13(5)
(5) A copy of the judgment shall constitute authority for the sheriff to execute the sentence.
972.13(6)
(6) The following forms may be used for judgments:
STATE OF WISCONSIN
.... County
In.... Court
The State of Wisconsin
vs.
....(Name of defendant)
UPON ALL THE FILES, RECORDS AND PROCEEDINGS,
IT IS ADJUDGED That the defendant has been convicted upon the defendant's plea of guilty (not guilty and a verdict of guilty) (not guilty and a finding of guilty) (no contest) on the.... day of...., .... (year), of the crime of.... in violation of s.....; and the court having asked the defendant whether the defendant has anything to state why sentence should not be pronounced, and no sufficient grounds to the contrary being shown or appearing to the court.
*IT IS ADJUDGED That the defendant is guilty as convicted.
*IT IS ADJUDGED That the defendant is hereby committed to the Wisconsin state prisons (county jail of.... county) for an indeterminate term of not more than.....
*IT IS ADJUDGED That the defendant is ordered to serve a bifurcated sentence consisting of .... year(s) of confinement in prison and .... months/years of extended supervision.
*IT IS ADJUDGED That the defendant is placed in the intensive sanctions program subject to the limitations of section 973.032 (3) of the Wisconsin Statutes and the following conditions:....
*IT IS ADJUDGED That the defendant is hereby committed to detention in (the defendant's place of residence or place designated by judge) for a term of not more than....
*IT IS ADJUDGED That the defendant is placed on lifetime supervision by the department of corrections under section 939.615 of the Wisconsin Statutes.
*IT IS ADJUDGED That the defendant is ordered to pay a fine of $.... (and the costs of this action).
*IT IS ADJUDGED That the defendant pay restitution to....
*IT IS ADJUDGED That the defendant is restricted in his or her use of computers as follows:....
*The.... at.... is designated as the Reception Center to which the defendant shall be delivered by the sheriff.
*IT IS ORDERED That the clerk deliver a duplicate original of this judgment to the sheriff who shall forthwith execute the same and deliver it to the warden.
Dated this.... day of...., .... (year)
BY THE COURT....
Date of Offense....,
District Attorney....,
Defense Attorney....
*Strike inapplicable paragraphs.
STATE OF WISCONSIN
.... County
In.... Court
The State of Wisconsin
vs.
....(Name of defendant)
On the.... day of...., .... (year), the district attorney appeared for the state and the defendant appeared in person and by.... the defendant's attorney.
UPON ALL THE FILES, RECORDS AND PROCEEDINGS
IT IS ADJUDGED That the defendant has been found not guilty by the verdict of the jury (by the court) and is therefore ordered discharged forthwith.
Dated this.... day of...., .... (year)
BY THE COURT....
972.13 Note
NOTE: Sub. (6) is shown as affected by three acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c).
972.13(7)
(7) The department shall prescribe and furnish forms to the clerk of each county for use as judgments in cases where a defendant is placed on probation or committed to the custody of the department pursuant to
chs. 967 to
979.
972.13 Annotation
The trial court can on motion or on its own motion modify a criminal sentence if the motion is made within 90 days after sentencing. Prior cases overruled. The first judgment should not be vacated; it should be amended. Hayes v. State, 46 W (2d) 93, 175 NW (2d) 625.
972.13 Annotation
A trial court must inform the defendant of his right to appeal. If it does not, the defendant may pursue a late appeal. Peterson v. State, 54 W (2d) 370, 195 NW (2d) 837.
972.13 Annotation
The court did not abuse its discretion in revoking probation, reinstating the prior sentences and sentencing on 5 subsequent offenses for a total cumulative sentence of 16 years, where the defendant had a long record and interposed a frivolous defense in the later trials. Lange v. State, 54 W (2d) 569, 196 NW (2d) 680.
972.13 Annotation
Hayes v. State was not intended to impose a jurisdictional limit on the power of a court to review a sentence. State ex rel. Warren v. County Court, 54 W (2d) 613, 197 NW (2d) 1.
972.13 Annotation
The requirement that a court inform the defendant of his right to appeal applies only to convictions after April 1, 1972. In re Applications of Maroney and Kunz, 54 W (2d) 638, 196 NW (2d) 712.
972.13 Annotation
Following sentencing the trial court must not only advise defendant of his right to appeal but also advise defendant and his attorney of the obligation of trial counsel to continue representation pending a decision as to appeal and until other counsel is appointed. Whitmore v. State, 56 W (2d) 706, 203 NW (2d) 56.
972.13 Annotation
Factors relevant to the appropriateness of the sentence discussed. Tucker v. State, 56 W (2d) 728, 202 NW (2d) 897.
972.13 Annotation
A trial judge has no power to validly sentence with a mental reservation that he might modify the sentence within 90 days if defendant has profited from imprisonment, and he cannot change an imposed sentence unless new factors are present. State v. Foellmi, 57 W (2d) 572, 205 NW (2d) 144.
972.13 Annotation
Claim the trial court lacked jurisdiction to impose sentence because it failed to enter judgment of conviction on the jury's verdict is not reviewable because it involves no jurisdictional question, and the construction of the statute was not raised by defendant in his motion for postconviction relief nor did defendant go back to the trial court for relief as a basis for an appeal. Sass v. State, 63 W (2d) 92, 216 NW (2d) 22.
972.13 Annotation
Where Whitmore (56 W (2d) 706) instructions are given, defendant must show that failure to move for new trial constituted an unintentional waiver of rights. Thiesen v. State, 86 W (2d) 562, 273 NW (2d) 314 (1979).
972.13 Annotation
See note to 971.31, citing State v. Smith, 113 W (2d) 497, 335 NW (2d) 376 (1983).
972.13 Annotation
Judgment entered by state court during pendency of removal proceedings in federal court was void. State v. Cegielski, 124 W (2d) 13, 368 NW (2d) 628 (1985).
972.13 Annotation
Court's refusal to poll jurors individually was reversible error. State v. Wojtalewicz, 127 W (2d) 344, 379 NW (2d) 338 (Ct. App. 1985).
972.13 Annotation
Written judgment of conviction is not prerequisite to sentencing. State v. Pham, 137 W (2d) 31, 403 NW (2d) 35 (1987).
972.13 Annotation
Where judge allowed voir dire after polling jury on guilty verdict and where one juror's responses seriously undermined previous vote of guilty, jury's verdict was no longer unanimous, requiring new trial. State v. Cartagena, 140 W (2d) 59, 409 NW (2d) 386 (Ct. App. 1987).
972.13 Annotation
There is no error in noting dismissed charges on a judgment of conviction. State v. Theriault, 187 W (2d) 125, 522 NW (2d) 254 (Ct. App. 1994).
972.13 Annotation
There was no impropriety in a trial court's inclusion of its parole recommendation in a judgment of conviction. State v. Whiteside, 205 W (2d) 677, 556 NW (2d) 443 (Ct. App. 1996).
972.13 Annotation
As to traffic cases, see note to 345.34, citing 63 Atty. Gen. 328.
972.14
972.14
Statements before sentencing. 972.14(1)(ag)
(ag) "Crime considered at sentencing" means any crime for which the defendant was convicted and any read-in crime, as defined in
s. 973.20 (1g) (b).
972.14(2)
(2) Before pronouncing sentence, the court shall ask the defendant why sentence should not be pronounced upon him or her and allow the district attorney, defense counsel and defendant an opportunity to make a statement with respect to any matter relevant to the sentence. In addition, if the defendant is under 21 years of age and if the court has not ordered a presentence investigation under
s. 972.15, the court shall ask the defendant if he or she has been adjudged delinquent under ch.
48, 1993 stats., or
ch. 938 or has had a similar adjudication in any other state in the 4 years immediately preceding the date the criminal complaint relating to the present offense was issued.
972.14 Note
NOTE: Sub. (2) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c).
972.14(2m)
(2m) Before pronouncing sentence, the court shall inquire of the district attorney whether he or she has complied with
s. 971.095 (2) and with
sub. (3) (b), whether any of the victims of a crime considered at sentencing requested notice of the date, time and place of the sentencing hearing and, if so, whether the district attorney provided to the victim notice of the date, time and place of the sentencing hearing.
972.14(3)(a)(a) Before pronouncing sentence, the court shall determine whether a victim of a crime considered at sentencing wants to make a statement to the court. If a victim wants to make a statement, the court shall allow the victim to make a statement in court or to submit a written statement to be read in court. The court may allow any other person to make or submit a statement under this paragraph. Any statement under this paragraph must be relevant to the sentence.
972.14(3)(b)
(b) After a conviction, if the district attorney knows of a victim of a crime to be considered at sentencing, the district attorney shall make a reasonable attempt to contact that person to inform him or her of the right to make or provide a statement under
par. (a). Any failure to comply with this paragraph is not a ground for an appeal of a judgment of conviction or for any court to reverse or modify a judgment of conviction.
972.14 History
History: 1987 a. 27;
1989 a. 31;
1995 a. 77;
1997 a. 73,
181,
205; s. 13.93 (2) (c).
972.14 Annotation
Court's presentencing preparation and formulation of tentative sentence does not deny defendant's right to allocution at sentencing. State v. Varnell, 153 W (2d) 334, 450 NW (2d) 524 (Ct. App. 1989).
972.14 Annotation
The right under sub. (2) of a defendant to make a statement prior to sentencing does not apply to an extension of a placement under the intensive sanctions program. State v. Turner, 200 W (2d) 168, 546 NW (2d) 880 (Ct. App. 1996).
972.14 Annotation
Denial of the defendant's right to speak at sentencing is harmless error where a life sentence without parole is mandatory. State v. Lindsey, 203 W (2d) 423, 554 NW (2d) 215 (Ct. App. 1996).
972.15
972.15
Presentence investigation. 972.15(1)
(1) After a conviction the court may order a presentence investigation, except that the court may order an employe of the department to conduct a presentence investigation only after a conviction for a felony.
972.15(2)
(2) When a presentence investigation report has been received the judge shall disclose the contents of the report to the defendant's attorney and to the district attorney prior to sentencing. When the defendant is not represented by an attorney, the contents shall be disclosed to the defendant.
972.15(2c)
(2c) If the defendant is being sentenced under
s. 973.01 and he or she satisfies the criteria under
s. 302.045 (2) (b) and
(c), the person preparing the presentence investigation report shall include in the report a recommendation as to whether the defendant should be eligible for the challenge incarceration program under
s. 302.045.
972.15(2m)
(2m) The person preparing the presentence investigation report shall make a reasonable attempt to contact the victim to determine the economic, physical and psychological effect of the crime on the victim. The person preparing the report may ask any appropriate person for information. This subsection does not preclude the person who prepares the report from including any information for the court concerning the impact of a crime on the victim.
972.15(2s)
(2s) If the defendant is under 21 years of age, the person preparing the presentence investigation report shall attempt to determine whether the defendant has been adjudged delinquent under ch.
48, 1993 stats., or
ch. 938 or has had a similar adjudication in any other state in the 4 years immediately preceding the date the criminal complaint relating to the present offense was issued and, if so, shall include that information in the report.
972.15 Note
NOTE: Sub. (2s) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c).
972.15(3)
(3) The judge may conceal the identity of any person who provided information in the presentence investigation report.
972.15(4)
(4) After sentencing, unless otherwise authorized under
sub. (5) or ordered by the court, the presentence investigation report shall be confidential and shall not be made available to any person except upon specific authorization of the court.
972.15(5)
(5) The department may use the presentence investigation report for correctional programming, parole consideration or care and treatment of any person sentenced to imprisonment or the intensive sanctions program, placed on probation, released on parole or extended supervision or committed to the department under
ch. 51 or
971 or any other person in the custody of the department or for research purposes. The department may make the report available to other agencies or persons to use for purposes related to correctional programming, parole consideration, care and treatment, or research. Any use of the report under this subsection is subject to the following conditions:
972.15(5)(a)
(a) If a report is used or made available to use for research purposes and the research involves personal contact with subjects, the department, agency or person conducting the research may use a subject only with the written consent of the subject or the subject's authorized representative.
972.15(5)(b)
(b) The department or the agency or person to whom the report is made available shall not disclose the name or any other identifying characteristics of the subject, except for disclosure to appropriate staff members or employes of the department, agency or person as necessary for purposes related to correctional programming, parole consideration, care and treatment, or research.
