State v. Joseph L. Hernandez, 2012AP2148-CR, District 2, 2/27/13; court of appeals decision (1-judge, ineligible for publication); case activity The trial court properly found that Hernandez made a prima facie showing that a prior OWI conviction was invalid despite his poor recollection of details of the prior proceeding, distinguishing State v. Hammill, 2006 WI App… Read more
3. Particular statutes
State v. Michael Scott Long, 2009 WI 36, affirming in part and reversing in part unpublished opinion For Long: Joseph L. Sommers Issue/Holding: The “3-strike” persistent repeater enhancement, § 939.62(2m)(d), requires that the two prior strikes occur before the current felony and the 1st strike’s conviction date precede the 2nd strike’s violation date. Although Long’s two prior strikes occurred before… Read more
State v. Leonard J. Quintana, 2008 WI 33, affirming 2007 WI App 29 For Quintana: James B. Connell, Robyn J. DeVos, William R. Kerner Issue/Holding: ¶81 We conclude that the school zone penalty enhancer is not unconstitutional as applied to Quintana. The legislature has sought to increase the penalty for those who commit violent crimes within 1,000… Read more
State v. Ronnie L. Thums, 2006 WI App 173 For Thums: Paul G. LaZotte, SPD, Madison Appellate Issue: Whether an offense which was partially committed during the TIS-I regime but not completed until advent of TIS-II comes under the former or latter sentencing regime. Holding: ¶11 Thums had not committed the crime of stalking with a… Read more
State v. Kent Kleven, 2005 WI App 66 For Kleven: Roberta A. Heckes Issue/Holding: Where sentencing includes multiple enhancers, the court may identify the amount of confinement attributable to each enhancer, without violating the rule that an enhancer doesn’t support a separate sentence. ¶¶16-18. (The court adds, however, ¶18 n. 4, that the “better practice” is to… Read more
State v. Michael D. Jackson, 2004 WI 29, affirming unpublished decision of court of appeals For Jackson: Joseph E. Schubert Issue: Whether penalty enhancement of a TIS-I sentence, § 973.01(2) (1997-98), applies to the confinement portion alone, or to the total term of imprisonment (including extended supervision), of a bifurcated sentence. Holding: ¶17. The key to understanding the applicability of… Read more
State v. Michael D. Jackson, 2004 WI 29, affirming unpublished decision of court of appeals For Jackson: Joseph E. Schubert Issue/Holding: ¶42 Applying the rule of lenity, we conclude that Wis. Stat. § 973.01(2)(b)6 should be read together with Wis. Stat. § 973.01(2)(c) in calculation of the maximum term of confinement for unclassified felonies with penalty enhancers under TIS-I. We apply the… Read more
State v. Michael D. Lewis, 2004 WI App 211 For Lewis: Timothy A. Provis Issue/Holding: Sentence of life imprisonment without possibility of parole, as persistent repeater due to prior conviction for sexual assault of a child, on a current conviction for child enticement isn’t cruel / unusual punishment under the 8th amendment. ¶¶16-18. … Read more
