On Point: D. Type of punishment

State v. William Dinkins, Sr., 2012 WI 24, affirming 2010 WI App 163; for Dinkins: Steven D. Phillips, SPD, Madison Appellate; case activity; note: the court affirms the mandate (reversal of conviction and dismissal of charge), but “upon a different rationale,” ¶63; the net effect is, “affirmed, as modified“

Although homelessness is not in and of itself a defense to prosecution for failing to register as a sex offender, 

State v. Cedric O Clacks, 2011AP338-CR, District 4, 12/22/11

court of appeals decision (not recommended for publication); for Clacks: Jefren E. Olsen, SPD, Madison Appellate; case activity

Evidence held sufficient to prove contested, fourth element of identity theft (intentional representation user of personal identification document of another authorized to use it), § 943.201(2)(a) as party to the crime.

¶15      Specifically, Clacks contends that handing the credit card to a sales clerk to make a purchase and signing the electronic credit card slip cannot,

State v. Michael T. Ziller, 2011 WI App 164 (recommended for publication); for Ziller: Michael S. Holzman; case activity

¶11      On the basis of our review of the record in this case, we are satisfied that the circuit court properly exercised its discretion in sentencing Ziller.  The circuit court considered the three primary sentencing factors and noted them on the record.  See State v. Gallion,

State v. Scott R. Long, 2011 WI App 146 (recommended for publication); for Long: Jeff T. Wilson; case activity

DNA surcharge, conditioned on Long not having previously provided sample or having paid surcharge, upheld as proper exercise of discretion:

¶8        Here, the circuit court ordered the DNA sample contingent on whether one had previously been provided.  If the sample had not previously been provided, the circuit court reasoned that the DNA surcharge was appropriate because “it would be for a sample provided in connection with this case.”  This explanation is consistent with the rationale of the circuit court which we affirmed in Jones.  

State v. Malcolm L., 2011AP714, District 2, 10/12/11

court of appeals decision (1-judge, not for publication); for Malcolm L.: Eileen A. Hirsch, SPD, Madison Appellate; case activity

Juvenile courts have authority to stay sex offender registration, § 938.34(16), and State v. Cesar G., 2004 WI 61, 272 Wis. 2d 22, 682 N.W.2d 1. Here, the trial court erroneously failed to exercise discretion on Malcolm’s request for such a stay.

State v. Timothy J. K., 2011AP1091, District 2, 10/5/11

court of appeals decision (1-judge, not for publication); for Timothy J.K.: Eileen A. Hirsch, SPD, Madison Appellate; case activity

The trial court’s requirement of sex offender registration, § 301.45(1m)(d)(1), is upheld against an argument that the court misconstrued an expert’s recommendation of no registration.

¶9        Timothy fails to clear the first hurdle of the Tiepelman standard.  

State v. Thomas J. Haiduk, 2011AP551-CR, District 3, 8/30/11

court of appeals decision (1-judge, not for publication); for Haiduk: Gary S. Cirilli; case activity

In determining restitution for home improvement-related theft, the trial court failed to resolve whether the underlying contract was fixed-price or time-and-materials, therefore remand is necessary.

¶22      The court’s value-based $100,517.96 offset, and corresponding $35,877.33 restitution award, only includes an offset for the costof Haiduk’s materials,

State v. Joseph Gayden, 2010AP2360-CR,District 1, 8/30/11

court of appeals decision (not recommended for publication); for Gayden: Matthew S. Pinix; case activity

The difference between Wis JI-Criminal 800 and 805 is that the latter limits the defendant’s intentional use of force intended or likely to cause death or great bodily harm to reasonable belief that the force is necessary to prevent imminent death or great bodily harm.

State v. Michael S. Hoseman, 2011 WI App 88 (recommended for publication); for Hoseman: Timothy M. Johnson; case activity

Hoseman is liable in restitution for damages to a rented house caused by his marijuana manufacturing operation. Restitution requires that there be a “direct victim” of the crime and a causal connection between the defendant’s conduct and the claimed damages, ¶16. Both requirements are satisfied.

Direct victim:

¶23      The cases Hoseman relies upon are inapposite under the facts of this case;

Village of Menomonee Falls v. Jason R. Ferguson, 2011 WI App 73 (recommended for publication); for Ferguson: Daniel P. Fay; case activity

Ferguson’s guilt for violating local sex offender residence-restriction ordinance upheld, as against argument that he fell within grandfather clause exception. The ordinance bars registered sex offenders from living within 1500 feet of any facility for children, but excepts an offender who had established and reported a residence prior to the ordinance’s effective date.