State v. Ray Shawn Cherry, 2008 WI App 80 For Cherry: John T. Wasielewski Issue: Whether the sentencing court properly exercised discretion in imposing a DNA surcharge, where it misconstrued such action as mandatory rather than permissive and ignored the defendant’s prior such assessment. Holding: ¶9 We hold that in assessing whether to impose the DNA… Read more
4. Surcharges
State v. Franciollo L. Jones, 2004 WI App 212, PFR filed 11/11/04 For Jones: Syovata Edari; Ellen Henak (on PFR), SPD, Milwaukee Appellate Issue: Whether the trial court properly ordered Jones to pay a DNA surcharge even though he had already provided a DNA sample in an earlier case. Holding: ¶5 WISCONSIN STAT. § 973.047 obligates the… Read more
