State v. Anthony L. Prineas, 2009 WI App 28 For Prineas: Raymond M. Dall’Osto, Kathryn A. Keppel Issue/Holding: Prineas was convicted on 2 counts of 2nd-degree sexual assault, and acquitted on another 4; the PSI recommended 6-8 years, but he was sentenced to 10 IC, 10 ES and a concurrent 30-year term of probation; though a… Read more
H. Modification/Review
State v. Todd W. Berggren, 2009 WI App 82, PFR filed 6/24/09 For Berggren: Robert G. LeBell Issue/Holding: The sentencing court need not state separately why it chooses consecutive rather than concurrent terms; rather, this determination is made by considering the same factors as inform sentence length, ¶¶45-46. … Read more
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. Anthony L. Prineas, 2009 WI App 28 For Prineas: Raymond M. Dall’osto, Kathryn A. Keppel Issue/Holding: The sentencing court properly considered a count for which Prineas was acquitted, as well as uncharged, “sexually inappropriate behavior,” ¶28, citing State v. David Arredondo, 2004 WI App 7. … Read more
State v. Corey E. Young, 2009 WI App 22, PFR filed 1/7/09 For Young: Jeffrey W. Jensen Issue/Holding: The trial court, in sentencing for first-degree intentional homicide, sufficiently explained why it was assigning extended supervision eligibility of 50 years’ confinement (rather than the 40 recommended by the State). Weight given each sentencing factor is committed to the… Read more
State v. Lord L. Sturdivant, 2009 WI App 5, PFR filed 1/13/09 For Sturdivant: Steven D. Phillips, SPD, Madison Appellate Issue/Holding: ¶8 Due process “requires that vindictiveness against a defendant for having successfully attacked his first conviction must play no part in the sentence he receives after a new trial.” North Carolina v. Pearce, 395 U.S. 711… Read more
State v. Clayborn L. Walker, 2008 WI 34, reversing 2007 WI App 142 For Walker: Amelia L. Bizzaro Issue: Whether the judge is required, at a TIS reconfinement hearing, to have read the original sentencing transcript. Holding: ¶3 We agree with the State and conclude that State v. Gee [3] misinterpreted our decision in Brown. We conclude that a circuit court is not… Read more
State v. David G. Straszkowski, 2008 WI 65, affirming summary order For Straszkowski Philip J. Brehm Issue/Holding: The sentencing court may consider uncharged and unproven offenses, ¶36; id n. 20: State v. Leitner, 2002 WI 77, ¶45, 253 Wis. 2d 449, 646 N.W.2d 341. See also State v. McQuay , 154 Wis. 2d 116, 126, 452 N.W.2d 377 (1990) (“Evidence of unproven offenses involving the defendant… Read more
