State v. Theodore J. Polczynski, 2023AP900, 1/3/24, District 2 (one-judge decision; ineligible for publication); case activity (including briefs)
COA upholds the circuit court’s order barring Polczynski from owning a business or operating as a general contractor as conditions of probation by finding they are reasonable and appropriate under the facts of this case.
Polczynski was charged with two felony counts of theft by contractor alleging that he received $23,500 from two individuals yet never provided the promised services. (¶2). He was able to resolve the matter with a plea to two misdemeanors. (¶3). At sentencing, there was some evidence that Polczynski may have been a repeat offender with a long history of broken promises and unpaid subcontractors. The circuit court imposed but stayed maximum jail sentences and placed Polczynski on probation for two years. (¶12). As conditions of probation, it barred him from operating his own business or working as a general contractor. (Id.).
Polczynski appeals and argues that these conditions were not reasonable and appropriate. (¶14). Applying an exceedingly deferential standard of review, COA disagrees. (Id.). Here, the challenged conditions facilitated rehabilitation (in that they taught Polczynski a lesson) and obviously worked to protect the public from future criminality. (¶18). It also served the goal of general deterrence. (¶19). COA therefore affirms. (Id.).
