State v. Torpen, 637 N.W.2d 481 (Wis. Ct. App. 2001)

Cases | State v. Torpen, 637 N.W.2d 481 (Wis. Ct. App. 2001) | 2018

The defendant was convicted of robbery and fleeing an officer. Among other things, the circuit court ordered the defendant to pay outstanding restitution obligations from prior, unrelated criminal cases. The defendant appealed, arguing that the circuit court did not have the authority to order him, as a condition of probation, to pay outstanding restitution obligations from unrelated cases. The Court of Appeals of Wisconsin, District Three, reversed the judgment and postconviction order directing the defendant to pay restitution in unrelated cases as a condition of his probation. The court noted that a circuit court cannot order the payment of outstanding restitution obligations from unrelated cases, even if the court characterizes the requirement as a general condition of probation.