State v. Jenny E. Clark, 2022AP495-CR, District 4, 3/23/23 (one-judge decision; ineligible for publication); case activity (including briefs) Clark’s Minnesota administrative suspension for operating with a prohibited alcohol concentration counts as a prior OWI conviction under State v. Carter, 2010 WI 132, 330 Wis. 2d 1, 794 N.W.2d 213. Clark was charged with OWI 2nd… Read more
36. Sentencing
State v. Amber C. Debree, 2022AP1311-CR, 02/08/23, District II (1-judge opinion, ineligible for publication); case activity (including briefs) Debree’s disorderly conduct conviction stemmed from a physical altercation she had with her husband immediately after Debree learned he had impregnated her adult daughter. The sentencing court placed Debree on probation for two years after it questioned… Read more
State v. Lynne M. Shirikian, 2023 WI App 13; case activity (including briefs) Shirikian pleaded to OWI as a fifth offense. Back in 2019, the legislature amended the statutes to create a both a presumptive and a mandatory minimum sentence for OWI 5th and OWI 6th. See 2019 Wis. Act 106; Wis. Stat. § 346.65(2)(am)5… Read more
State v. Jeffrey W. Butler, 2021AP2212-CR, 1/11/23, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) At Butler’s restitution hearing, the circuit court expressed frustration and disappointment that neither party presented any documentation regarding a disputed restitution claim. The court stated, “I have nothing other than testimony saying [the victim’s] done all this… Read more
State v. Junior L. Williams-Holmes, petition for review of a published court of appeals decision granted 11/16/22; case activity (including PFR, PFR response, and briefs) Issue presented (from the defendant’s PFR) Can a circuit court use its statutory authority to modify conditions of probation and extended supervision to regulate the day-to-day affairs of individuals on… Read more
State v. Mark J. Gahart, 2022 WI App 61; case activity (including briefs) The court of appeals holds that driving while intoxicated with a minor passenger is not a victimless crime: the minor passenger is a victim for purposes of the restitution statute. Gahart was convicted of OWI while his minor daughter was in the… Read more
State v. Dreama F. Harvey, 2022 WI App 60; case activity (including briefs) A jury convicted Harvey of reckless homicide by the delivery of heroin. On appeal, she notes that the jury instructions would have permitted conviction on the theory that she either aided and abetted another supplier or was part of the chain of… Read more
State v. Leroy Rice, Jr., 2022AP244-CR, 9/14/22, District 2, (1-judge opinion, ineligible for publication); case activity (including briefs) Rice sought resentencing based on an inadequate waiver of his right to be physically present at his sentencing per §971.04(1)(g) and based on a new factor: the circuit court overlooked his substance abuse needs at the time… Read more
