On Point: 36. Sentencing

State v. Donald Odom, 2006 WI App 145
For Odom: Eileen Miller Carter; J.C. Moore, SPD, Milwaukee Trial

Issue/Holding: The requirement of sentencing after probation revocation that the judge review the original sentencing transcript, State v. Reynolds, 2002 WI App 15, 249 Wis. 2d 798, 643 N.W.2d 165 (Ct. App. 2001), does not apply to reconfinement after revocation of extended supervision, State v.

State v. Germaine M. Taylor, 2006 WI 22, affirming unpublished summary order
For Taylor: Martha K. Askins, SPD, Madison Appellate

Issue/Holding:

¶28 In terms of the length of his sentence, Taylor argues that there appeared to be no “starting point” for the court of some very low period of confinement, or even the period of confinement recommended by the PSI writer. We cannot agree.

State v. Roger S. Walker, 2006 WI 82, affirming as modified summary order
For Walker: James Rebholz

Issue/Holding: In order to obtain review, a defendant must file a postconviction motion to modify sentence, even if the event was a re-sentencing which came to the same result as originally imposed.

¶37      In the hope of clarifying appellate procedure, we conclude that when a defendant seeks modification of the sentence imposed at resentencing,

State v. Wayne Delaney, 2006 WI App 37
Pro se

Issue/Holding: Governor Thompson’s 1994 letter to the DOC exhorting pursuit of all available remedies to block release of (pre-TIS) violent offenders reaching their mandatory release date is not a new factor:

¶9        The existence of a new factor must be shown by clear and convincing evidence. Franklin, 148 Wis.  2d at 8-9.

State v. Donald Odom, 2006 WI App 145
For Odom: Eileen Miller Carter; J.C. Moore, SPD, Milwaukee Trial

Issue/Holding: Trial court’s acknowledgement that Odom had been a productive citizen but that his numerous crimes “stood in stark contrast to that past” adequately accounted for Odom’s “positive attributes,” ¶24.

State v. Donald Odom, 2006 WI App 145
For Odom: Eileen Miller Carter; J.C. Moore, SPD, Milwaukee Trial

Issue/Holding: A trial court is not required to follow the sentencing guidelines, but only to explain a departure; the trial court’s explanation for departure (defendant’s lengthy record and reoffending upon release from confinement) was an adequate explanation, ¶26.

State v. Germaine M. Taylor, 2006 WI 22, affirming unpublished summary order
For Taylor: Martha K. Askins, SPD, Madison Appellate

Issue/Holding: TIS sentence of 18 years (12 in, 6 out) for child sexual assault, consecutive to 5 year indeterminate sentence for similar offense, was not harsh and excessive, notwithstanding PSI recommendation of 12 years (6 in, 6 out), nonviolent nature of act, and closeness of victim to age of consent:

¶35 Although we recognize the accuracy of many of Taylor’s assertions,

State v. Gerald L. Lynch, Jr., 2006 WI App 231, PFR filed 11/6/06
For Lynch: David R. Karpe

Issue: Whether the sentencing court’s reliance on a television interview of the defendant, which led the court to criticize the defendant as “self-serving” rather than remorseful, violated the due process right to be sentenced on accurate information.

Holding:

¶24      We address first Lynch’s argument that the court had an obligation to give him advance notice that it was going to consider the television interview at sentencing. 

State v. Jeris M. Moore, 2006 WI App 162
For Moore : Richard D. Martin, SPD, Milwaukee Appellate

Issue/Holding:

¶8        The issue in this case is whether the trial court erred when it denied Moore ’s motion without an in camera review of the confidential juvenile records. We conclude that the trial court should have conducted an in camerareview to determine whether the contents of those records rendered the resulting sentence one that was based on inaccurate information.

State v. Chad W. Ziegler, 2006 WI App 49, PFR filed 3/13/06
For Ziegler: Kenneth P. Casey, UW Law School

Issue/Holding:

¶32      We conclude that the trial court’s sentencing remarks satisfy Hall as to the reasons for the consecutive sentences and Gallion as to the reasons for the length of the sentence. As noted, the trial court engaged in a thorough and exhaustive examination of the relevant sentencing objectives and factors.