The Appeals Court 11/4/2014 Decision

It is clear that the Discharge Certificate issued July 27, 2012 was for my indeterminate sentences counts 1 and 3 that expired on July 27, 2014.  The tax counts 13-15 determinate sentences expired July 27, 2008, however the Department of Corrections did not issue a Discharge Certificate for those counts.

The court stated that "Lee was not eligible for parole under determinate sentences", State v. Gallion, 2004 WI 42.  That is not a fact, currently I am serving parole on counts 4-12 determinate sentences.  It means that I do not have the right to visit the parole board and there is no mandatory release under determinate sentences.  Wisconsin uses the term extended supervision instead of parole, both have the same meaning, custody outside of the prison.  "It is in the nature of concurrent time that service of one sentence may render service of another sentence, for some purposes, superfluous", State v. Yanick, 2007.

The court concluded that a discharge certificate is "legally invalid" if it is "not issued' at the expiration of the term noted on the court order"', State ex rel. Greer v. Wiedenhoeft, 2014 WI 19.  We know that the discharge certificate was legal because the expiration of the term for indeterminate sentences 1 and 3 was 7 years noted on the court order, 2005 until 2014.