On Point

State v. Joseph Scaccio III, 2000 WI App 265, 240 Wis.2d 95 For Scaccio: Jim D. Scott Issue: Whether Scaccio’s motion to modify a sentencing imposed after revocation was untimely because he failed to appeal the original judgment of conviction. Holding/Analysis: The principle is readily stated — you can take a direct appeal of a […]

State v. Thomas W. Jackson, 233 Wis.2d 231, 607 N.W.2d 338 (Ct. App. 2000) For Jackson: Martha K. Askins, SPD, Madison Appellate Issue: Whether a defendant is entitled to sentence credit on each consecutive sentence. Holding: Credit is allotted only toward the first of consecutive sentences. While on probation in Fond du Lac, Jackson was […]

State v. Dennis E. Scott, 2000 WI App 51, 234 Wis. 2d 129, 608 N.W.2d 753 For Scott: Joseph E. Redding Issue: Whether right to review of a motion to dismiss at the close of the state’s case waived by failing to object to the trial court’s delay in ruling until after the defense presents […]

State v. David S. Leighton, 2000 WI App 156, 237 Wis.2d 709, 616 N.W.2d 126 For Leighton: Daniel Snyder Issue/Holding: ¶55 WISCONSIN STAT. § 973.20, governing restitution in criminal cases, “provides that a trial court ‘shall order the defendant to make full or partial restitution under this section to any victim of a crime,’ when […]

State v. Aaron Evans, 2000 WI App 178, 238 Wis.2d 411, 617 N.W.2d 220 For Evans: Steven D. Phillips, SPD, Madison Appellate Issue: Whether the sentencing court may allow the department of corrections to determine the amount of restitution. Holding: Delegating determination of restitution to DOC isn’t authorized by statute and is therefore inappropriate: “Restitution […]

State v. Carl Simonetto, 2000 WI App 17, 232 Wis.2d 315, 606 N.W.2d 275 For Simonetto: Christopher L. Hartley Issue: Whether the trial court erred in holding open restitution until certain victims could be identified. Holding: “Section 973.20(13)(c), Stats., creates a ninety-day maximum hold-open period for entry of restitution after a sentence is imposed.” ¶10. (Note: […]

State v. Chad J. Knoll, 2000 WI App 135, 237 Wis.2d 384, 614 N.W.2d 20 Issue: Whether contributory negligence is a defense to restitution. Holding: ¶¶16, 17: Restitution is not a claim that is owned by an individual but a remedy of the State…. To allow a defendant who has already been convicted of a […]

State v. Miguel Angel Santana-Lopez, 2000 WI App 122, 237 Wis.2d 332, 613 N.W.2d 918 For Santana-Lopez: Rex Anderegg Issue/Holding: “We do not consider an argument mentioned only in a footnote to be adequately raised or preserved for appellate review,” ¶6 n.4. Interesting that the holding itself happens to be contained in a footnote.

State v. Freeman Canady, 2000 WI App 87, 234 Wis. 2d 261, 610 N.W.2d 147 For Canady: Charles B. Vetzner, SPD, Madison Appellate Issue: Whether a defendant, convicted of resisting arrest, can be ordered to pay restitution for damage caused by a police officer in the course of subduing him. Holding: Because the damage was […]

State v. Brian C. Wegner, 2000 WI App 231, 239 Wis.2d 96, 619 N.W.2d 289 For Wegner: Scott A. Szabrowicz Issue: Whether the sentencing court erroneously exercised discretion, in sentencing after revocation, by failing to consider primary sentencing factors. Holding: ¶9 We conclude that when the same judge presides at the sentencing after revocation and […]