STATE EX REL. HELMER v. CULLEN

No. 88-1100.

149 Wis.2d 161 (1989)

440 N.W.2d 790

STATE of Wisconsin EX REL. Charles W. HELMER, Petitioner-Appellant, v. Timothy F. CULLEN, Secretary, Department of Health & Social Services, and Cynthia Schoenike, Deputy Director, Bureau of Community Corrections, Respondents.

Court of Appeals of Wisconsin.

Decided February 1, 1989.


Attorney(s) appearing for the Case

On behalf of the petitioner-appellant the cause was submitted on the briefs of Jack Longert of Legal Assistance to Institutionalized Persons Program of Madison.

On behalf of the respondents the cause was submitted on the brief of Donald J. Hanaway, attorney general and James M. Freimuth, assistant attorney general.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.


SCOTT, C.J.

Charles W. Helmer (Helmer) appeals from an order denying habeas corpus relief. Helmer seeks a recalculation of his mandatory release (MR) date by the Department of Health and Social Services (the department).. He argues that the department lacked the authority to calculate his MR date based on consecutive terms because the trial court committed him for concurrent terms. We conclude that the trial court has no authority to establish a maximum period of...

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