State v. Donald Odom, 2006 WI App 145 For Odom: Eileen Miller Carter; J.C. Moore, SPD, Milwaukee Trial Issue/Holding: Trial court’s discussion of the three primary sentencing factors was adequate, though the court did not explicitly identify those factors, ¶25. … Read more
C. Factors
State v. Jeremy D. Russ, 2006 WI App 9 For Russ: Martha K. Askins, SPD, Madison Appellate Issue/Holding: ¶14 This court observes a strong policy of deferring to the sentencing discretion of a trial court, presuming the sentence to be reasonable unless the defendant can demonstrate from the record that the court acted unreasonably. State v… Read more
State v. James L. Montroy, 2005 WI App 230 For Montroy: Jay E. Heit; Stephanie L. Finn Issue/Holding: ¶14 Montroy also argues a new PSI is necessary because the inaccurate information will continue to prejudice him in the future. He cites Wis. Admin. Code § DOC 328.27 (Nov. 2002) for examples of the various uses for… Read more
State v. James L. Montroy, 2005 WI App 230 For Montroy: Jay E. Heit; Stephanie L. Finn Issue/Holding: Wisconsin discretionary guideline regime is not governed by the holdings of Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004), and United States v. Booker, 125 S. Ct. 738 (2005), ¶¶20-24… Read more
State v. Edward W. Fisher, 2005 WI App 175 For Fisher: Eileen Miller Carter Issue/Holding: ¶21 Fisher argues that the circuit court did not satisfy the mandate in State v. Gallion, 2004 WI 42, 270 Wis. 2d 535, ¶¶39, 76, 678 N.W.2d 197, that the court exercise its discretion on a “rational and explainable basis.” We… Read more
State v. James L. Montroy, 2005 WI App 230 For Montroy: Jay E. Heit; Stephanie L. Finn Issue/Holding: Wisconsin discretionary guideline regime is not governed by the holdings of Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004), and United States v. Booker, 125 S. Ct. 738 (2005), ¶¶20-24. The latter cases are implicated only when a… Read more
State v. James L. Montroy, 2005 WI App 230 For Montroy: Jay E. Heit; Stephanie L. Finn Issue/Holding: ¶13 Montroy also argues that the PSI improperly included two of his juvenile adjudications, when there was no evidence that he was represented by counsel. [5] The State concedes that the Department of Corrections guidelines mandate that unrepresented juvenile… Read more
State v. Eduardo Jose Trigueros, 2005 WI App 112 For Trigueros: Eileen Miller Carter Issue: Whether the trial court erroneously exercised sentencing discretion by placing too much weight on the need to protect the public, by placing defendant on probation with one year in the House of Correction, on possession with intent to deliver one gram… Read more
