State v. Carlos G. Comas, 2010AP2687-CR, District 4, 9/29/11 court of appeals decision (not recommended for publication); for Comas: Steven D. Grunder, SPD, Madison Appellate; case activity Although Comas was charged with § 948.025(1)(a), repeated sexual assault of the same child by acts of sexual intercourse, the case was in effect tried under § 948.025(1)(ar) ,which requires acts of sexual… Read more
G. Mandatory penalties
State v. Tommie L. Cole, 2003 WI 59, on certification For Cole: Suzanne L. Hagopian, SPD, Madison Appellate Issue/Holding: ¶9. The court of appeals asks that we determine what combination of confinement in prison and extended supervision constitutes the presumptive minimum sentence when a statute provides that an offender “shall be imprisoned for not less than… Read more
State v. Jacob E. Herman, 2002 WI App 28, PFR filed 1/16/02 For Herman, Jack E. Schairer, Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: ¶1 Jacob Herman appeals from the sentencing portion of a judgment convicting him of possession of THC contrary to WIS. STAT. § 961.41(3g)(e). The circuit court suspended Herman’s operating privilege for six months… Read more
State v. William P. Eckola, 2001 WI App 295 For Eckola: Gregory A. Parker Issue: Whether the trial court erroneously exercised discretion by placing Eckola on probation for OWI-6th without requiring confinement for at least the presumptive minimum mandated by § 346.65(2)(e). Holding: ¶15. When the circuit court, in its discretion, determines that a defendant will… Read more