D. Type of punishment

State v. Todd W. Berggren, 2009 WI App 82, PFR filed 6/24/09 For Berggren: Robert G. LeBell Issue/Holding: Sentence was based on proper exercise of discretion, including gravity of offense and defendant’s character and “long-term treatment needs,” ¶¶38-44.  … Read more

State v. Jeremy D. Schladweiler, 2009 WI App 177 Pro se Issue/Holding: ¶9        Commonly referred to as “boot camp,” the CIP is governed by Wis. Stat. § 302.045, which provides that “the [DOC] shall provide a challenge incarceration program for inmates selected to participate” after meeting the eligibility requirements for the program. Sec. 302.045(1). … ¶10     … Read more

State v. Jeremy T. Greene, 2008 WI App 100, PFR filed 7/14/08 For Greene: Kristen D. Schipper Issue: Whether the sentencing court may order that DOC distribute “gifted” (as opposed to wage-based) funds in a prisoner’s account to satisfy a restitution obligation. Holding: ¶12      We observe that Wis. Stat. § 973.20 does not limit the consideration of… Read more

State v. Jeremy T. Greene, 2008 WI App 100, PFR filed 7/14/08 For Greene: Kristen D. Schipper Issue/Holding: Restitution order amendment, directing DOC to disburse funds from the prisoner’s account, did not violate double jeopardy although the amendment occurred three years after the original order: ¶16      Greene’s double jeopardy argument focuses on the fact that DOC, in… Read more

State v. William Agosto, 2008 WI App 149, PFR filed 10/21/08 For Agosto: Andrea Taylor Cornwall, SPD, Milwaukee Appellate Issue/Holding: The defendant’s mother, who posted subsequently-forfeited cash bail, is a “victim” for restitution purposes: ¶8        … Agosto committed the “crime” of bail-jumping. He pled guilty and the circuit court entered a judgment convicting him of that crime… Read more

State v. Anthony Houston Lee, 2008 WI App 185 For Lee: Carl W. Chessir Issue/Holding: ¶11      As noted, Wis. Stat. § 973.20 authorizes a trial court to order restitution to victims of a “[c]rime considered at sentencing,” which includes “any crime for which the defendant was convicted and any read-in crime.” Sec. 973.20(1g)(a) & (1r). We conclude… Read more

State v. Ray Shawn Cherry, 2008 WI App 80 For Cherry: John T. Wasielewski Issue/Holding: ¶5        The statutes governing this issue are clear. If a trial court sentences a defendant to a felony involving a sex crime contrary to Wis. Stat. §§ 940.225, 948.02(1) or (2) 948.025, or 948.085, the trial court must order the defendant to pay… Read more