On Point blog, page 1 of 1
COA: no error in noting Domestic Abuse on JOC even though surcharge waived
State v. Amanuel A. Ayele, 2019AP432, 11/7/19, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)
Ayele pleaded to a battery after an attack on his father, with whom he lived. The state had charged the crime as an incident of domestic abuse carrying a surcharge under Wis. Stat. § 973.o55 but moved, as part of the plea deal, to remove this provision. The court wouldn’t go along though, and Ayele pleaded anyway. What the court did do is waive the actual imposition of the surcharge under § 973.055(4). But the judgment of conviction still notes “Domestic Abuse Assessments” in the description of the charge, and Ayele wants the notation struck.
COA affirms domestic abuse modifier and domestic abuse surcharge
State v. Marvin Frank Robinson, 2019AP105-106-CR; 9/24/19; District 1 (1-judge opinion, ineligible for publication); case activity (including briefs)
Robinson pled to misdemeanor battery with domestic abuse assessements and to knowingly violating a temporary restraining order in one case. He also pled to misdemeanor bail jumping (violation of the TRO) and other crimes in a second case. On appeal, he challenged trial court’s application of the domestic abuse modifier and its imposition of the domestic abuse surcharge, but the court of appeals affirmed.
Challenges re right to self-representation and domestic abuse assessment fail on appeal
State v. Sandra D. Solomon, 2018AP298-CR, 9/25/18, District 1 (1-judge opinion, ineligible for publication); case activity (including briefs)
Solomon sought plea withdrawal arguing that the circuit court had denied her request to represent herself and insisted on proceeding with the scheduled trial date, so her newly-retained lawyer was not prepared to defend her. The court of appeals held that her invocation of this right was not clear and unequivocal. It also held that the domestic abuse assessment clearly applied to this case.
Inconsistent (unpublished) decisions on what’s required for domestic abuse surcharge
State v. Anthony Iven Jones, A/K/A Hashim Hasan, 2017AP364, 6/5/18, District 1 (one-judge decision; ineligible for publication); case activity (including briefs)
A jury found Jones guilty of bail jumping. one of his bond conditions had been that he stay 500 feet away from his former wife. He made a threatening phone call to her and was discovered by a police officer to be “approximately 92 feet away” from her house. He first claims there was insufficient evidence to support his conviction, but the court does not agree, based on the essential facts just noted. (¶12).
Over-the-road trucker’s cab counts as “residence” for purposes of domestic abuse modifiers
State v. Michael Lee Brayson, 2016AP896-CR, District 1, 11/29/16 (one-judge decision; ineligible for publication); case activity (including briefs)
Brayson’s girlfriend, L.A.R., is a long-haul trucker. When she goes out on the road he accompanies her and stays with her in the truck, though both maintained separate addresses in Mississippi. (¶¶3-6). Under these facts, Brayson’s convictions for battery of L.A.R. at a Wisconsin travel center were subject to the domestic abuse surcharges and modifiers under §§ 968.075(1)(a)(intro.) and 973.055(1)(a)2. because Brayson and L.A.R. “reside[d]” together in the truck.