Court of Appeals of Wisconsin February 13, 1997, 96-1323-CR (State v. Szulczewski)

DEININGER, J.

James Szulczewski appeals from a judgment convicting him of battery by a prisoner, § 940.20(1), Stats., and from an order denying his motion for sentence modification. He contends that the sentencing court had no authority to order the five-year prison sentence on the b'attery conviction to commence immediately because he had not been discharged from his prior commitment under § 971.