State v. Lonnie C. Davis, 2005 WI App 98 For Davis: Pamela Moorshead Issue: Whether the sentencing court erroneously exercised discretion by failing to consider the defendant’s youthfulness (14 years 9 months) at the time he committed the sexual assaults. Holding: ¶16 A review of the sentencing transcript demonstrates that the trial court did not erroneously… Read more
C. Factors
State v. Eduardo Jose Trigueros, 2005 WI App 112 For Trigueros: Eileen Miller Carter Issue/Holding: ¶8 Second, Trigueros claims that the trial court erroneously exercised its discretion because it did not consider probation as an option. Again, we disagree. In each case, the sentence imposed shall “call for the minimum amount of custody or confinement… Read more
State v. Curtis E. Gallion, 2004 WI 42, affirming 2002 WI App 265 For Gallion: Randall E. Paulson, SPD, Milwaukee App Amici: Robert R. Henak, WACDL; Walter J. Dickey, et al., UW Law School Issue/Holding: ¶31. Likewise, we agree with the Criminal Penalties Study Committee that the judiciary must address the increased responsibility placed upon the sentencing… Read more
State v. Curtis E. Gallion, 2004 WI 42, affirming 2002 WI App 265 For Gallion: Randall E. Paulson, SPD, Milwaukee App Amici: Robert R. Henak, WACDL; Walter J. Dickey, et al., UW Law School Issue/Holding: ¶63. Gallion’s next claim on appeal is that the circuit court erred in placing undue emphasis on the character of the victim… Read more
State v. Curtis E. Gallion, 2004 WI 42, affirming 2002 WI App 265 For Gallion: Randall E. Paulson, SPD, Milwaukee App Amici: Robert R. Henak, WACDL; Walter J. Dickey, et al., UW Law School Issue/Holding: ¶28. With the advent of truth-in-sentencing, we recognize a greater need to articulate on the record the reasons for the particular sentence… Read more
State v. Jimmie R.R., 2004 WI App 168, motion for reconsideration denied 9/15/04 For Jimmie R.R.: Martha K. Askins, SPD, Madison Appellate Issue/Holding: Because the “presentence investigation was not part of the accusatory stage of a criminal proceeding”; and because the PSR “interview was routine and was not conducted while Jimmie’s jeopardy was still in doubt, Jimmie… Read more
State v. Wallace I. Stenzel, 2004 WI App 181 For Stenzel: Martin E. Kohler Issue: Whether the sentencing court placed insufficient weight on defendant’s elderly age as a mitigating factor, and the likelihood he would not survive the confinement portion of his sentence. Holding: ¶12. We agree with Stenzel that his age is a factor that… Read more
State v. Wallace I. Stenzel, 2004 WI App 181 For Stenzel: Martin E. Kohler Issue: Whether the sentencing court placed insufficient weight on the likelihood defendant would not survive the confinement portion of his sentence. Holding: ¶17. Stenzel faults the court for not assigning any relevancy to his life expectancy. He argues that he was seventy-eight… Read more
