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35. Sentencing 45. WI Court of Appeals B. Trial court discretion C. Unpublished Opinions H. Modification/Review

“Order lifetime supervision” is enough said, given totality of sentencing remarks

State v. Shawn A. Anderson, 2019AP173-CR, District 3, 11/13/19 (not recommended for publication); case activity (including briefs) The circuit court’s sentencing remarks considered in their entirety showed the court properly exercised its discretion in ordering Anderson to be subject to lifetime supervision under § 939.615. Anderson was charged with and convicted of child sexual assault. […]
Source: WI Public Defenders – On Point
“Order lifetime supervision” is enough said, given totality of sentencing remarks

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35. Sentencing 4. Surcharges 45. WI Court of Appeals b. Domestic abuse C. Unpublished Opinions D. Type of punishment

COA: no error in noting Domestic Abuse on JOC even though surcharge waived

State v. Amanuel A. Ayele, 2019AP432, 11/7/19, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Ayele pleaded to a battery after an attack on his father, with whom he lived. The state had charged the crime as an incident of domestic abuse carrying a surcharge under Wis. Stat. § 973.o55 but moved, […]
Source: WI Public Defenders – On Point
COA: no error in noting Domestic Abuse on JOC even though surcharge waived

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35. Sentencing 45. WI Court of Appeals 6. Restitution c. Defenses C. Unpublished Opinions D. Type of punishment Uncategorized

Order for restitution doesn’t duplicate civil judgment against defendant

State v. Michael A. Nieman, 2017AP1906-CR, 11/7/29, District 4, (1-judge opinion, ineligible for publication); case activity (including State’s brief) Nieman, pro se, appealed an order for over $13,000 in restitution entered after he pled to felony theft by false representation. The court should not have awarded any restitution, he argued. Or, if restitution was permitted, […]
Source: WI Public Defenders – On Point
Order for restitution doesn’t duplicate civil judgment against defendant

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3. Particular statutes 35. Sentencing 45. WI Court of Appeals C. Unpublished Opinions E. Enhancers OWI

Out-of-state deferred OWI prosecution counts as prior in Wisconsin

State v. Jeffery Scott Wiganowsky, 2019AP884-CR, District 4, 10/24/19 (one-judge decision; ineligible for publication); case activity (including briefs) Wiganowsky was charged for OWI in Wyoming in 2015. He negotiated a deferred prosecution agreement, which he successfully completed, so the charge was dismissed. But his driving privileges were administratively suspended due to his blood-alcohol content. (¶9). […]
Source: WI Public Defenders – On Point
Out-of-state deferred OWI prosecution counts as prior in Wisconsin

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1. Mandatory minimum 35. Sentencing G. Mandatory penalties

Are mandatory minimum sentences unconstitutional?

Charging as Sentencing, a recent article by Professor Donald Dripps at the University of San Diego Law School, contends that they are. Consider the possibilities.
Source: WI Public Defenders – On Point
Are mandatory minimum sentences unconstitutional?

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3. Particular statutes 35. Sentencing 45. WI Court of Appeals 9. Crimes B. Chs. 343-346: Traffic offense C. Unpublished Opinions E. Enhancers OWI

Felony OWI with a minor passenger is an unclassified felony

State v. James A. Culver, 2018AP799-CR, District 4, 7/25/19 (not recommended for publication); case activity (including briefs) Back in 2008 Culver was convicted and sentenced for OWI, fifth offense, with a minor in the car, which doubles the minimum and maximum penalties, § 346.65(2)(f). Now that his extended supervision (ES) is being revoked he challenges the […]
Source: WI Public Defenders – On Point
Felony OWI with a minor passenger is an unclassified felony

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13. Due Process 35. Sentencing 45. WI Court of Appeals 5. Inaccurate information C. Unpublished Opinions H. Modification/Review

Challenges to use of CHIPS information at sentencing rejected

State v. Dominique M. Anwar, 2018AP2222-CR, 6/25/19, District 1 (1-judge opinion, ineligible for publication); case activity (including briefs) The court of appeals rejects Anwar’s arguments that she’s entitled to resentencing because the State offered certain information at her sentencing hearing without first disclosing the information and giving her notice it would use the information. Anwar […]
Source: WI Public Defenders – On Point
Challenges to use of CHIPS information at sentencing rejected

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35. Sentencing 45. WI Court of Appeals 8. Collateral attack on priors C. Unpublished Opinions E. Enhancers

Collateral attack on prior OWI rejected

State v. Jessy A. Rivard, 2018AP1070-CR, District 3, 6/18/19 (one-judge decision; ineligible for publication); case activity (including briefs) Rivard’s challenge to the use of a 2006 OWI conviction fails because the record supports the circuit court’s conclusion that Rivard’s waiver of counsel in that case was valid. Rivard’s challenge focuses on whether the 2006 colloquy […]
Source: WI Public Defenders – On Point
Collateral attack on prior OWI rejected

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35. Sentencing 45. WI Court of Appeals 6. New factor a. New factor defined b. New factor found C. Unpublished Opinions H. Modification/Review

In deciding whether to modify sentence based on a new factor, court may consider whether the new factor frustrates the purpose of the sentence

State v. Dustin M. Yanda, 2018AP412-CR, District 3, 6/18/19 (not recommended for publication); case activity (including briefs) In State v. Harbor, 2011 WI 28, 333 Wis. 2d 53, 797 N.W.2d 828, the supreme court held that a defendant seeking a “new factor” sentence modification doesn’t need to prove that the new factor “frustrates the purpose” […]
Source: WI Public Defenders – On Point
In deciding whether to modify sentence based on a new factor, court may consider whether the new factor frustrates the purpose of the sentence

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'18-19 3. Particular statutes 35. Sentencing 44. WI Supreme Court 9. Fines A. Review Grants D. Type of punishment E. Enhancers Important Posts OWI Pending in SCOW

SCOW will decide how multiple enhancers apply to OWI fines

State v. Charles L. Neill, IV, petition for review granted 6/11/19; 2018AP75; case activity (including briefs) This is a review of a published court of appeals decision. Here’s the issue, as stated in our prior post: Neill pleaded to an OWI-3rd, which has a minimum fine of $600. Wis. Stat. § 346.65(2)(am)3. His plea came with two statutory enhancers: […]
Source: WI Public Defenders – On Point
SCOW will decide how multiple enhancers apply to OWI fines