November 04, 2014 Wisconsin Court of Appeals Issued Decision

The court of appeals concluded that "Where all sentences are concurrent, the overall sentence structure is controlled by the longest sentence".  State v. Sherman, 2008 WI App 57.  "Because Lee's longest sentence controlled the date of his release from prison, he did not receive a grant of parole during service of his shorter, indeterminate sentences".

The granting of visits to the parole commission, mandatory release from confinement and required extended supervision from confinement has no effect at all on the overall sentence structure.  Here, as in Sherman, all the sentences were concurrent, and the overall sentence structure was controlled by the longest sentence or the longest "time".  Statutory visits to the parole commission does not mean an inmate will be given a parole grant before he reaches his mandatory release date established at sentencing and confirmed by the Department of Corrections under indeterminate sentences.  Mandatory release means an inmate is no longer behind bars, he serves his remaining sentences outside of the prison as required by statute.  Under determinate sentences there is a required extended supervision (parole) portion of each sentence by statute.  When an inmate is released from the confinement portion of his sentences he remains in the custody of the state.  Therefore, the controlling sentence remains undisturbed, "time", the overall sentence structure remains intact.

Orders to modify a sentence or modify court - imposed conditions of Extended Supervision are not uncommon in Wisconsin, except in my case.  Decision that affect an inmates substantial rights are not harmless error.