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STATE v. STUHR

Nos. 78-901-CR, 78-902-CR, 79-132-CR.

92 Wis.2d 46 (1979)

284 N.W.2d 459

STATE, Plaintiff-Respondent, v. STUHR, Defendant-Appellant. STATE, Plaintiff-Respondent, v. HILLYARD, Defendant-Appellant. STATE, Plaintiff-Respondent, v. FAWCETT, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided September 25, 1979.

Attorney(s) appearing for the Case

For the appellants Roby L. Stuhr and Ricky Hillyard the cause was submitted on the briefs of Richard L. Cates, state public defender, and Glenn L. Cushing, assistant state public defender, attorney for appellant Hillyard, and Richard M. Sals, assistant state public defender, attorney for appellant Stuhr.

For the appellant Paul S. Fawcett the cause was submitted on the briefs of Richard L. Cates, state public defender, and Steven D. Phillips, assistant state public defender.

For the respondent the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Mary V. Bowman, assistant attorney general, in the Stuhr and Hillyard cases; and by Bronson C. La Follette, attorney general, and James P. Altman, assistant attorney general, in the Fawcett case.

Before Dean, P.J., Donlin, J., and Foley, J.

FOLEY, J.

These three appeals have been consolidated because they present only one issue: whether it is an abuse of discretion for a trial court to consider a defendant's parole eligibility date when imposing sentence. The trial court imposed consecutive rather than concurrent sentences, thereby doubling the minimum time each defendant must spend in prison before he becomes eligible for parole. We hold this was not an abuse of discretion, and we affirm the judgments...

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