On Point: 36. Sentencing

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court of appeals decision (not recommended for publication); for Clacks: Jefren E. Olsen, SPD, Madison Appellate; case activity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. Lisa L. Payne, 2010AP1995-CR, District 3, 12/20/11

court of appeals decision (not recommended for publication); for Payne: Eric R. Pangburn; case activity

The court, in imposing a sentence to prison confinement term of 13 months, expressly took into effect the possibility that Payne’s medical needs would not “be addressed adequately in a county jail.” Upon postconviction challenge to the sentence, “however, the court clarified that the length of Payne’s sentence was not dependent upon the care that she would receive in either jail or prison,”

on review of unpublished decision; for Frey: Devon M. Lee, SPD, Madison Appellate; case activity

Sentencing Discretion – Reliance on Dismissed Charge

Issue (composed by On Point): 

Whether sentencing discretion was erroneously exercised by undue reliance on, including unfounded inferences drawn from, a charge dismissed “outright.”

Frey was charged with sexually assaulting two girls. Both testified at the preliminary hearing. Frey ended up pleading no contest to assaulting one,

State v. Jason L. Decorah, 2011AP662-CR, District 4, 12/8/11

court of appeals decision (1-judge, not for publication); for Decorah: Corey C. Chirafisi; case activity

Collateral attack on a prior OWI used as a current enhancer, on the ground Decorah didn’t understand the range of penalties therefore didn’t validly waive counsel. Decorah prevailed below, and the court affirms on this State’s appeal:

¶3        Decorah’s collateral attack is based on his contention that,

Nielsen sanction after show cause (summary order, not citable), on remand from State v. Nielsen, 2011 WI 94

Sanction for Incomplete Brief Appendix 

The appellant’s brief argued that the circuit court failed to fulfill the mandate articulated in State v. Gallion, 2004 WI 42, 270 Wis. 2d 535, 678 N.W.2d 197, to explain the rationale for the particular sentence imposed.

Question Presented (composed by Scotusblog): 

Whether the Fair Sentencing Act of 2010 applies in an initial sentencing proceeding that takes place on or after the statute’s effective date if the offense occurred before that date.

Hill: Scotusblog page; consolidated with Dorsey (lower court decision: United States v. Fisher, 635 F.3d 336 (7th Cir. 2011))

The Fair Sentencing Act of 2010,

State v. Jeffrey Steinhorst, 2011AP1360-CR, District 4, 11/23/11

court of appeals decision (1-judge, not for publication); for Steinhorst: Steven Cohen; case activity

Steinhorst made a prima facie showing that he did not validly waive counsel in a prior OWI case; therefore, he is entitled to a hearing at which the State must prove proper waiver, by clear and convincing evidence, else the prior conviction may not be used to enhance his current case.

State v. Lavalle Rimmer, 2010AP2680-CR, District 1, 11/22/11

court of appeals decision (not recommended for publication); for Rimmer: Christian C. Starner; case activity

The sentencing court did not actually rely on concededly inaccurate information, therefore Rimmer isn’t entitled to resentencing.

Methodology for analyzing inaccurate-information issue recited, ¶¶11-16. Court suggests that something akin to explicit reference to inaccurate information required, ¶16.)

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. Alok Kumar, 2010AP2703-CR, District 1, 11/8/11

court of appeals decision (not recommended for publication); for Kumar: Robin Shellow, Michael E. O’Rourke; case activity

Sentence to presumptive minimum (5 years confinement) for using a computer to facilitate a child sex crime, § 948.075(lr), is upheld as a proper exercise of discretion, against Kumar’s arguments that the sentencing court: didn’t permit him to show sentences imposed by other circuit courts in presumptive-minimum cases;