State v. Marnie L. Coutino, 2016AP2386-CR, 7/19/2017, District 2 (one-judge decision; ineligible for pubication); case activity (including briefs) Marnie Coutino seeks resentencing on the ground that the trial court erroneously exercised its discretion when it imposed a 30-day jail sentence without considering whether probation was appropriate. The court did not refer to probation during its… Read more
36. Sentencing
State v. Alphonso Lamont Willis, 2016AP791-CR, 7/18/17, District 1 (not recommended for publication); case activity (including briefs) Alphonso Willis appeals his jury-trial conviction of first-degree intentional homicide and being a felon in possession of a firearm. He raises several claims for a new trial and also asks for resentencing. The court of appeals rejects the… Read more
For latest on this subject, see today’s issue of Inside Track, which features comments by Wisconsin’s expert on evidence-based sentencing, Professor Cecelia Klingele… Read more
State v. Larry Davis, 2017 WI App 55; case activity (including briefs) Applying § 304.072(4) and State v. Presley, 2006 WI App 82, 292 Wis. 2d 734, 715 N.W.2d 713, the court of appeals holds that a person who is revoked from extended supervision resumes serving his sentence when he is received in the prison system, not when… Read more
State v. Java I. Orr, 2016AP2009, 7/5/17, District 1, (1-judge opinion, ineligible for publication); case activity (including briefs) Orr raises and loses 3 issues relating to the sentence credit that he received in this case. He argues that (1) he should have been allowed withdraw his plea because trial counsel gave him incorrect infromation regarding… Read more
State v. Nathan J. Paape, 2015AP2462-CR, District 2, 6/28/17 (not recommended for publication); case activity (including briefs) Paape and a co-defendant, Antonio Barbeau, were convicted as adults for a first degree intentional homicide they committed when they were 13 years old. Both received the mandatory life sentence and both were granted eligibility under § 973.014(1g)(a)2. to… Read more
State v. Tydis Trinard Odom, 2015AP2525-CR; District 2, 6/28/17, certification granted 9/12/17, appeal voluntarily dismissed 2/22/18; case activity (including briefs) Issue: In determining whether the imposition of multiple DNA surcharges constitutes “potential punishment” under WIS. STAT. § 971.08(1)(a) so that a court must advise a defendant about the surcharges before a valid plea may be taken, is the “intent-effects”… Read more
Defense win: COA holds mandatory DNA surcharge violates ex post facto clause as applied in this case
State v. Jamal L. Williams, 2017 WI App 46, cross petitions for review granted 10/10/17, reversed in part and affirmed in part, 2018 WI 59; case activity (including briefs) It’s looking like “DNA surcharge Day” in the District 2 court of appeals. Williams argued that because he had been ordered to provide a DNA sample and pay… Read more
