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State v. Ilkka4/13/2000
e artificial, as if imposed in a vacuum.
Undoubtedly the better practice would have been for the trial court to expressly state that the challenged sentence was a consecutive sentence. But that failing should not undo what nonetheless is clearly conveyed by the words and the procedure which the court otherwise did use.
Id. at 334-35.
. In this case, we can't fault the circuit court for failing to direct that its sentence be consecutive to the Sauk County sentence, because it was unaware of that sentence. Indeed, it hadn't even been imposed. And it goes without saying that accepting Ilkka's argument in this case would thwart the intent of the circuit court, for it would, in effect, excuse him from serving that sentence at all.
. Ilkka contends that Coles lacks precedential value because no consecutive/concurrent sentence argument is being advanced in this case. That is true. But we don't discuss Coles as an "all-fours" case. It is, rather, a guide in assessing the plain intent of the sentencing court when events-whether part and parcel of the proceedings or, as here, occurring wholly outside of the sentencing proceedings-conspire to render that sentence wholly or partially ineffective. Here that intent couldn't be more plain. The Iowa County Circuit Court's sentence was imposed with the intent that it be served; and the fact that that intent was thwarted by an apparent lack of communication between the two counties-whether at the inception of the Iowa County sentence (which, at Ilkka's own request, he was permitted to serve in Sauk County), or at the conclusion of the Sauk County sentence-should not excuse Ilkka from serving his Iowa County sentence. If the law countenanced such a result it would certainly, as Mr. Bumble said, be "a ass, a idiot."
By the Court. -- Order affirmed.
This opinion will not be published. Wis. Stat. Rule 809.23(1)(b)4.
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