State v. Roland Smart, 2002 WI App 240 For Smart: Donald T. Lang, SPD, Madison Appellate Issue: Whether sentencing-guideline disparity for driving while intoxicated under guidelines adopted by local counties pursuant to § 346.65(2m) violates equal protection or due process. Holding: Sentencing guideline disparities need be supported only by rational basis for equal protection purposes, as “(i)t is… Read more
Published 2002
State v. Prentiss M. McKinnie, 2002 WI App 82, PFR filed 3/14/02 For McKinnie: Bryan J. Borman, SPD, Waukesha Trial Issue: Whether separate charges, of carjacking and operating the same motor vehicle without owner’s consent are permissible where, after allegedly taking the car, the defendant continued to drive it the next day. Holding: Though these offenses are… Read more
State v. Razzie Watson, Sr., 2002 WI App 247 For Watson: Dennis Schertz Issue/Holding: A guilty plea suffices to establish a qualifying repeater-enhancement, even though the judgment of conviction on that plea isn’t entered until after commission of the offense being enhanced. ¶¶9-14… Read more
State v. Razzie Watson, Sr., 2002 WI App 247 For Watson: Dennis Schertz Issue/Holding: ¶5 An admission from a defendant stating, “I am a repeater,” without more, is insufficient to constitute an admission of a prior conviction under WIS. STAT. §973.12(1). As the circuit court indicated in its colloquy, “repeater” and “habitual offender” are legal… Read more
State v. Joseph F. Volk, 2002 WI App 274 For Volk: Charles B. Vetzner, SPD, Madison App Issue: Whether the extended supervision portion of truth-in-sentencing, § 973.01, supports repeater enhancement, § 939.62(1)(b). Holding: Because specifies that “confinement” may be enhanced, applying the principle that specification works an exclusion of non-enumerated items, the extended supervision portion of a sentence is… Read more
State v. Ary L. Jones, 2002 WI App 208 For Jones: Arthur B. Nathan Issue/Holding: ¶14. The rule we adopt in Wisconsin, therefore, is that when a defendant makes a fraudulent representation to the sentencing court and the court accepts and relies upon that representation in determining the length of the sentence, the defendant has no… Read more
State v. Trevor McKee, 2002 WI App 148, PFR filed 6/28/02 For McKee: Kenneth P. Casey, SPD, Jefferson Trial Issue/Holding: “(T)he prohibition against double jeopardy does not bar a prosecution for murder when the victim of an ‘assault and battery’ dies after a defendant has been convicted of the lesser offense. Diaz v. United States, 223 U.S. 442… Read more
State v. Dale H. Chu, 2002 WI App 98, PFR filed 4/23/02 For Chu: Andrew Shaw Issue: Whether defendant was denied his right to exculpatory evidence when the state failed to disclose that a prosecution witness had received favorable treatment in another case. Holding: ¶37. As the State notes, prosecutions that end in dismissal and ordinance violations… Read more
