State v. Thomas G. St. Peter, 2016AP683-CR, District 1, 4/18/17 (one-judge decision; ineligible for publication); case activity (including briefs) St. Peter is entitled to a new sentencing hearing because the judge violated his due process rights when it relied on inaccurate information to jump the parties’ joint recommendation for time served and impose more jail time. State v… Read more
7. Resentencing
Review of a published court of appeals decision; case activity (including briefs) Issue: Whether a defendant may, by voluntary absence or other conduct, waive the statutory right to be present at trial before the trial has begun? As explained in our post on the court of appeals decision, Washington complained to the trial court about… Read more
State v. Ernesto E. Lazo Villamil, 2016 WI App 61, petitions for review and cross-review granted 1/9/2017, affirmed 2017 WI 74, ; case activity (including briefs) Lazo Villamil was convicted and sentenced for operating after revocation and causing death under § 343.44, one of the provisions of which says that the offense is both a misdemeanor and a… Read more
Review of a per curiam court of appeals decision; case activity Issues (composed by SCOW). See order granting review. 1. Where a defendant seeks to plead guilty or no contest to a charge of operating a motor vehicle while under the influence of an intoxicant (OWI), or with a prohibited alcohol concentration (PAC), do State v. Bangert… Read more
State v. Craig C. Meier, 2013AP2863-CR, District 4, 7/17/14 (1-judge; ineligible for publication); case activity The answer matters: If the pronouncement of sentence is ambiguous the court could “clarify[] and “reimpose[]” the sentences it originally intended, Krueger v. State, 86 Wis. 2d 435, 442-43, 272 N.W.2d 847 (1979); if the sentence is illegal, it must be commuted to the lawful maximum, § 973.13. In this… Read more
State v. Quincy Lashawn Baker, 2013AP242-CR, District 1, 1/28/14; court of appeals decision (not recommended for publication); case activity Baker was given a resentencing hearing based on inaccurate information about the maximum periods of confinement and supervision for the crime of conviction (felony murder). (¶¶4-5). At the resentencing hearing before a different judge, the state… Read more
Pepper v. U.S., USSC No. 09-6822, 3/2/11 In light of the federal sentencing framework described above, we think it clear that when a defendant’s sentence has been set aside on appeal and his case remanded for resentencing, a district court may consider evidence of a defendant’s rehabilitation since his prior sentencing and that such evidence… 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: The initial sentence was “illegal” (because the court did not order sufficient time on extended supervision). The court granted defendant’s motion for resentencing (because of the illegality) and ordered an increase in supervision time (rather than… Read more
