State v. Szulczewski

In State v. Szulczewski, 216 Wis. 2d 495, 574 N.W.2d 660 (1998), the Court considered whether a circuit court had authority to stay a sentence, for battery by a prisoner, during the period in which the defendant remained in a mental institution, having been committed, in an unrelated case, following his acquittal by reason of mental disease or defect (NGI), under Wis. Stat. 971.17 (1993-94). See Szulczewski, 216 Wis. 2d at 497. The supreme court held that a circuit court "has the discretion to decide whether to stay execution of a prison sentence imposed on an NGI acquittee who is convicted of and sentenced for a crime while under the NGI commitment." Id. The supreme court acknowledged the apparent conflict between Wis. Stat. 973.15(1) (1993-94), generally requiring that "all sentences commence at noon on the day of sentence," and Wis. Stat. 971.17(1) (1987-88), which, in relevant part, requires that "when a defendant is found not guilty by reason of mental disease or defect, the court shall order him to be committed to the department of health and social services to be placed in an appropriate institution for custody, care and treatment until discharged as provided in this section." See Szulczewski, 216 Wis. 2d at 499-500. The supreme court considered whether a circuit court could stay the sentence of "an NGI acquittee who is convicted of and sentenced for a crime while under the NGI commitment," see id. at 497, despite the fact that " 973.15 requires immediate imprisonment of a convicted defendant, with no exception made expressly for NGI acquittees," see id. at 501, and despite the fact that " 971.17(1) does not on its face authorize the discharge of an NGI acquittee for imprisonment upon sentence for a crime," id. The supreme court construed the apparently conflicting statutes to "harmonize" them in a manner serving the purposes of both. See id. at 503-05. To do so, the court, ascertaining and giving effect to the legislature's intent in enacting each statute, see id. at 504-05, concluded that, under Wis. Stat. 973.15(8)(a) (1993-94), "legal cause" for a stay of sentence encompassed an NGI acquittee's commitment, see id. at 505-08.