Review granted in 'State v. Walker'

(2006AP562-CR)

In this case, the state has asked Supreme Court to review how previous court decisions may apply to cases involving sentences imposed at re-confinement hearings.

More specifically, does the Supreme Court's decision in State v. Brown [2006 WI 131] create a per se rule that requires circuit courts that did not impose the original bifurcated sentence to consider the original sentencing transcript at a re-confinement hearing? And, would that rule apply retroactively to re-confinement decisions made before the Brown decision was issued?

Some background: In May 2003, Clayborn L. Walker pled guilty to being party to armed robbery with use of force. He was sentenced to two years in prison, followed by four years of extended supervision. He was released on extended supervision in late 2004, but was eventually arrested for violating the rules of his supervision and absconding. He was sentenced to two years in prison. Walker appealed, arguing there was nothing on the record to indicate that the re-confinement court took into account factors weighed at the original sentencing.

A decision by the Supreme Court could clarify case law on sentences imposed at re-confinement hearings. From Milwaukee County.