State v. Burt

In State v. Burt, 2000 WI App 126, 237 Wis. 2d 610, 614, N.W.2d 42, two men were convicted as parties to a crime for robbery and attempted murder. The trial court sentenced Burt and then sentenced his accomplice. When the accomplice's counsel objected to the fact that his client's sentence was longer than Burt's sentence, the trial court realized that it had misspoken in sentencing Burt. See id. On that same day, the trial court called Burt back into the courtroom and explained to him that the trial court had meant to indicate that Burt's sentences were to be consecutive. See id. On appeal, Burt claimed that the harsher resentencing violated his double jeopardy protection. See id. The Court disagreed.