On Point: 36. Sentencing

State v. Paul L. Wolfe, 2001 WI App 66, 242 Wis. 2d 426, 625 N.W.2d 655
For Wolfe: Gary Seeling

Issue: “The basic question before us is whether a court, in a multiple count conviction where one sentence is imposed and another stayed, must apply sentence credit to the conviction of the first imposed sentence,” ¶1.

Holding:

¶1. … We hold that it must under the rule of State v.

State v. James A. Torpen, 2001 WI App 273, PFR filed 11/13/01
For Torpen: William E. Schmaal, SPD, Madison Appellate

Issue: Whether a court has authority to order, as restitutive conditions of probation, payment of obligations from prior, unrelated criminal cases.

Holding:

¶14. Pursuant to Wis. Stat. § 973.20, a circuit court may order the payment of restitution to victims of crimes for which the defendant is being sentenced,

State v. Chad J. Knoll, 2000 WI App 135, 237 Wis.2d 384, 614 N.W.2d 20
For Knoll: Ralph Kalal

Issue: Whether passenger Foust, injured in the crash of a car whose driver (Knoll) was drunk, was party to the crime of drunk driving and therefore not a “victim” for purposes of restitution.

Holding:

¶11           Because Knoll has not established either that Foust undertook conduct to aid Knoll in operating a motor vehicle while intoxicated or that Foust intended his conduct to help Knoll drive while impaired,

State v. Troy B. Baker, 2001 WI App 100, 243 Wis. 2d 77, 626 N.W.2d 862

Issue: Whether the trial court had authority to order that restitution be withheld from prison wages.

Holding: Because a restitution order contained in a judgment of conviction is an “obligation reduced to judgment,” a trial court has authority under § 303.01(8)(b) to order disbursement of restitution from prison wages. ¶17.

State v. Garren G. Gribble, 2001 WI App 227, PFR filed
For Gribble: Charles B. Vetzner, SPD, Madison Appellate

Issue: Whether, on a conviction for homicide of a child, the child’s mother and aunt could be considered victims within the meaning of § 973.20(1r) so as to support restitution for their counseling costs.

Holding: “Victim” in § 973.20(1r) is assigned the meaning of “victim”

State v. Troy B. Baker, 2001 WI App 100, 243 Wis. 2d 77, 626 N.W.2d 862
For Baker: William E. Schmaal, SPD, Madison Appellate

Issue: Whether the county DHS, which paid out testing expenses for a sexual assault victim, may be considered for restitution purposes an “insurer, surety or other person who has compensated [the] victim.”

Holding: Because § 973.20(5)(d) permits restitution to a third party,

State v. Gabriel L. Ortiz, 2001 WI App 215
For Ortiz: Eileen A. Hirsch, SPD, Madison Appellate

Issue: Whether restitution may be ordered under § 973.20 for overtime police costs.

Holding:

¶20. The collective effect of Schmaling and Howard-Hastings is the following. A governmental entity can, in the appropriate case, be a victim entitled to restitution. (Howard-Hastings).

State v. Stanley A. Samuel, 2001 WI App 25, 240 Wis. 2d 756, 623 N.W.2d 565, affirmed, other grounds, 2002 WI 34
For Samuel: Robert R. Henak

Issue: Whether the defendant waived objection to the sentencing court’s reliance on information sealed from the defendant’s inspection.

Holding:

¶42 We accept the State’s waiver argument. First, just because the trial court was in its “imposing sentence”

State v. Steve Norton, 2001 WI App 245
For Norton: Peter M. Koneazny, SPD, Milwaukee Appellate

Issue: Whether an unanticipated, post-sentencing revocation amounted to a new factor justifying modification of sentence.

Holding:

¶10. Although we agree with the State that, in general, revocation of probation in another case does not ordinarily present a new factor, the specific facts involved in this case require an exception to the general rule.

State v. Andre D. Crockett, 2001 WI App 235, PFR filed
For Crockett: David D. Cook

Issue:Whether facts suggesting that the defendant might have been less culpable than his codefendants amounted to a new factor justifying modification of sentence.

Holding: A new factor may be relate to facts “unknowingly overlooked” at sentencing; here, although the asserted new factor may have been unknowingly overlooked by the sentencing court,