On Point blog, page 3 of 19
SCOW clarifies how to calculate OWI fines subject to multiple enhancers
State v. Charles L. Neill, IV, 2020 WI 15, 2/14/20, reversing a published decision of the court of appeals; case activity (including briefs)
In this decision the supreme court explains how to calculate the minimum fine for an OWI when the fine is subject to multiple enhancer provisions. The supreme court’s calculation is better for defendants than the one arrived at by the court of appeals, though not the more favorable one advanced by Neill.
Out-of-state deferred OWI prosecution counts as prior in Wisconsin
State v. Jeffery Scott Wiganowsky, 2019AP884-CR, District 4, 10/24/19 (one-judge decision; ineligible for publication); case activity (including briefs)
Wiganowsky was charged for OWI in Wyoming in 2015. He negotiated a deferred prosecution agreement, which he successfully completed, so the charge was dismissed. But his driving privileges were administratively suspended due to his blood-alcohol content. (¶9). That counts as a prior OWI “conviction” under §§ 340.01(9r) and 343.307(1)(d).
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.
Felony OWI with a minor passenger is an unclassified felony
State v. James A. Culver, 2018AP799-CR, District 4, 7/25/19 (not recommended for publication); case activity (including briefs)
Back in 2008 Culver was convicted and sentenced for OWI, fifth offense, with a minor in the car, which doubles the minimum and maximum penalties, § 346.65(2)(f). Now that his extended supervision (ES) is being revoked he challenges the length of the ES term originally imposed. He argues the presence of a minor is a penalty enhancer, which lengthens the term of initial confinement but not the term of ES, see § 973.01(2)(c)1. and State v. Volk, 2002 WI App 274, 258 Wis. 2d 584, 654 N.W.2d 24. No, says the court of appeals, under State v. Jackson, 2004 WI 29, 270 Wis. 2d 113, 676 NW.2d 872, OWI with a minor passenger is an unclassified felony, so the term of ES is increased, too.
Collateral attack on prior OWI rejected
State v. Jessy A. Rivard, 2018AP1070-CR, District 3, 6/18/19 (one-judge decision; ineligible for publication); case activity (including briefs)
Rivard’s challenge to the use of a 2006 OWI conviction fails because the record supports the circuit court’s conclusion that Rivard’s waiver of counsel in that case was valid.
SCOW will decide how multiple enhancers apply to OWI fines
State v. Charles L. Neill, IV, petition for review granted 6/11/19; 2018AP75; case activity (including briefs)
This is a review of a published court of appeals decision. Here’s the issue, as stated in our prior post:
Neill pleaded to an OWI-3rd, which has a minimum fine of $600. Wis. Stat. § 346.65(2)(am)3. His plea came with two statutory enhancers: the one for having a BAC over .25 (Wis. Stat. § 346.65(2)(g)3.), and the one for having a child in a car (§ 346.65(2)(f)2.). The former quadruples the minimum fine, and the latter doubles it. So, what’s the minimum fine?
SCOW: Expunged conviction counts as prior under § 343.307
State v. Justin A. Braunschweig, 2018 WI 113, 12/21/18, affirming an unpublished court of appeals decision; case activity (including briefs)
Braunschweig was convicted in 2011 of causing injury by intoxicated operation of a vehicle. The conviction was expunged under § 973.015. In 2016 he was charged with operating while intoxicated and with a prohibited alcohol content, both as a second offense because of the 2011 conviction. The supreme court rejects his claim that the expunged conviction can’t be a predicate offense under § 343.307(1).
COA holds, over dissent, that OWI fine enhancers enhance each other
State v. Charles L. Neill, IV, 2019 WI App 4; petition for review granted 6/11/19, reversed, 2020 WI 15; case activity (including briefs)
Neill pleaded to an OWI-3rd, which has a minimum fine of $600. Wis. Stat. § 346.65(2)(am)3. His plea came with two statutory enhancers: the one for having a BAC over .25 (Wis. Stat. § 346.65(2)(g)3.), and the one for having a child in a car (§ 346.65(2)(f)2.). The former quadruples the minimum fine, and the latter doubles it. So, what’s the minimum fine?
Court upholds convictions for multiple counts of sending unlawful emails, bail jumping
State v. Brian A. Barwick, 2017AP958-CR through 2017AP961-CR, District 1, 9/5/18 (not recommended for publication); case activity (including briefs)
Barwick was charged with eleven counts of various crimes in four separate cases that were consolidated for trial. He makes various unsuccessful challenges to his convictions.
Must other states’ court orders mean what they say?
State v. Benjamin R. Tibbs, 2017AP2408-CR, District 4, 5/10/18 (one-judge decision; ineligible for publication); case activity (including briefs)
Why, no; no, they don’t.