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STATE v. JONES

No. 01-2969-CR.

257 Wis.2d 163 (2002)

2002 WI App 208

650 N.W.2d 844

STATE of Wisconsin, Plaintiff-Respondent, v. Ary L. JONES, Sr., Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided July 3, 2002.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Arthur B. Nathan of Racine.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and David J. Becker, assistant attorney general.

Before Nettesheim, P.J., Brown and Snyder, JJ.

¶ 1. BROWN, J.

Ary L. Jones, Sr., claimed to have been a prisoner of war in Vietnam, a circumstance that the trial court then considered in issuing its original sentence. Later, the court found that Jones had lied and resentenced him to a longer term. Jones now asserts that the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution prevented his resentencing after the fabrication was brought to the attention of the trial court. We conclude...

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