State v. Tony G. Longmire, 2004 WI App 90 For Longmire: Charles B. Vetzner, SPD, Madison Appellate Issue: Whether the sentencing court erroneously exercised discretion, or violated equal protection, in setting an excessive length of extended supervision so as to ensure that the defendant satisfies the restitution order. Holding: “¶39. We conclude that the trial court’s sentencing… Read more
C. Factors
State v. Wallace I. Stenzel, 2004 WI App 181 For Stenzel: Martin E. Kohler Issue/Holding: ¶6. In State v. Gallion, 2004 WI 42, 270 Wis. 2d 535, 678 N.W.2d 197, the Wisconsin Supreme Court revisited the seminal case in sentencing jurisprudence, McCleary v. State, 49 Wis. 2d 263, 182 N.W.2d 512 (1971) …¶7. The appellate standard… Read more
State v. David Arredondo, 2004 WI App 7, PFR filed 1/22/04 For Arredondo: James A. Rebholz Issue/Holding: ¶54. It is “‘well established that a sentencing judge may take into account facts introduced at trial relating to other charges, even ones of which the defendant has been acquitted.’” United States v. Watts, 519 U.S. 148, 152 (1997) (per curiam)… 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: (The singular importance of this case requires this very lengthy excerpt, albeit without the footnotes which don’t seem to add substantive content.) ¶38… Read more
State v. Patty E. Jorgensen, 2003 WI 105, affirming unpublished opinion of court of appeals For Jorgensen: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding1: Sentencing guidelines for specified offenses (namely: §§ 346.63 (1) (b) or 346.63(5) [PAC offenses]) are within the authority granted by § 346.65(2m)(a). ¶¶16-18. However, the guidelines do not apply to an offense under § 346.63(1)(a) (OWI), therefore “it is inappropriate for a… Read more
State v. Joshua L. Howland, 2003 WI App 104 For Howland: Paul G. LaZotte, SPD, Madison Appellate Issue/Holding: ¶32. We must also note that the inappropriate nature of the contact between the district attorney’s office and the Division of Community Corrections borders on ex parte communications. Our supreme court has acknowledged the importance of the… Read more
State v. Randy D. Stafford, 2003 WI App 138 For Stafford: Robert G. LeBell Issue/Holding: A mental health professional whose assessment of the sexual assault defendant was incorporated into the presentence report and cited at length by the sentencing judge and who had, unbeknownst to the defense, treated the victim for the six months prior to… Read more
State v. Nathan T. Hall, 2002 WI App 108 For Hall: Howard B. Eisenberg, Dean, Marquette Law School Issue/Holding: Because the trial court failed to explain its reasoning, its sentence was an erroneous exercise of discretion. In particular, the trial court exceeded the PSI recommendation (107 years) by approximately 200 years, without explaining either the necessity for… Read more
