State v. Edwards, 830 N.W.2d 109

Edwards was convicted by a jury of substantial battery and disorderly conduct; the court sentenced him to prison for substantial battery and two years of probation for disorderly conduct, finding the disorderly conduct to be an act of domestic abuse under Wis. Stat. § 973.09(2)(a)1.b.
The underlying incident involved Edwards allegedly beating his live-in girlfriend, making threats to kill himself if she did not return home, and being found with a knife in bed after the girlfriend left and police responded.
The complaint/indictment categorized the first two counts as domestic abuse but the disorderly conduct count did not expressly label it as domestic abuse or cite § 968.075(l)(a).
Edwards argued the two-year probation term for domestic abuse violated due process because the disorderly conduct charge was not specifically charged as an act of domestic abuse, and that the conduct cited did not involve abuse of the girlfriend for that count.
The trial court later clarified the two-year probation term and the lead opinion held that probation is not a sentence and that there is notice sufficient under statutory scheme and case law for such probation extension.
On appeal, the Wisconsin Court of Appeals affirmed, concluding Edwards had sufficient notice under the probation statute and that the disorderly conduct finding could be treated as an act of domestic abuse based on the underlying domestic abuse incident.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Notice for probation under domestic abuse statute	Edwards argues lack of notice since disorderly conduct wasn't charged as domestic abuse.	State contends statutory scheme provides notice for possible two-year probation if part of a domestic abuse incident.	Two years of probation allowed; notice sufficient.
Disorderly conduct as act of domestic abuse	Disorderly conduct was not part of a domestic abuse incident; the alleged abuse was directed at Edwards' girlfriend, not him.	The context and evidence support treating the disorderly conduct as part of a domestic abuse incident.	Disorderly conduct can be treated as an act of domestic abuse based on underlying incident.
Adequacy of the information/complaint to put Edwards on notice	Complaint failed to put Edwards on notice that disorderly conduct could be considered domestic abuse for sentencing.	Complaint and trial record, along with underlying conduct, provided sufficient notice of potential domestic abuse consideration.	Complaint provided sufficient notice; no due process violation.

State v. Luu, 319 Wis. 2d 778 (Wis. Ct. App. 2009) (limits on probation extended with notice; due process analysis)
State v. Wicks, 484 N.W.2d 378 (Wis. Ct. App. 1992) (probation discretion and fashioning terms within statutory limits)
State v. Waste Mgmt. of Wis., Inc., 261 N.W.2d 147 (Wis. 1978) (indictment validity with correct understanding of offense)
Nicholas v. State, 183 N.W.2d 11 (Wis. 1971) (no due process violation from lack of additional specific charge when offense clear)
State v. Cheers, 306 N.W.2d 676 (Wis. 1981) (due process rights to be informed of nature and cause of accusation)
State v. Fawcett, 426 N.W.2d 91 (Wis. Ct. App. 1988) (plea sufficiency and notice requirements)
State v. Horn, 594 N.W.2d 772 (Wis. 1999) (probation as alternative to sentence; statutory framework)
State v. Gibbons, 237 N.W.2d 33 (Wis. 1976) (distinction between sentence and probation)