Follow Us

Facebooktwitterrss
≡ Menu

10. Sentence after revocation

State v. Patrick P. Haynes, 2015AP2176-CR, District 3, 8/16/16 (one-judge decision; ineligible for publication); case activity (including briefs) The circuit court didn’t erroneously exercise its sentencing discretion by exceeding the OWI guidelines when sentencing Haynes for OWI 3rd after his probation for the offense was revoked. Haynes was placed on probation for an OWI that… Read More

{ 0 comments }

State v. James Robert Thomas, No. 2010AP332-CR, District III, 7/27/10 court of appeals decision (1-judge, not for publication); for Thomas: Steven D. Phillips, SPD, Madison Appellate; BiC; Resp.; Reply The sentencing court exhibited objective bias, requiring resentencing, when it imposed the maximum on sentencing after revocation, given the court’s threat when it placed Thomas on… Read More

{ 0 comments }

State v. Clayborn L. Walker, 2008 WI 34, reversing 2007 WI App 142 For Walker: Amelia L. Bizzaro Issue: Whether the judge is required, at a TIS reconfinement hearing, to have read the original sentencing transcript. Holding: ¶3        We agree with the State and conclude that State v. Gee [3] misinterpreted our decision in Brown. We conclude that a circuit court is not… Read More

{ 0 comments }

State v. Twaun L. Gee, 2007 WI App 32 For Gee: Amelia L. Bizzaro Issue/Holding: The holding of State v. Brandon E. Jones, 2005 WI App 259, ¶13, that the reconfinement judge need not review the original sentencing transcript was overruled by State v. John C. Brown, 2006 WI 131, ¶38: ¶14   In Brown, the supreme court addressed the… Read More

{ 0 comments }

State v. John C. Brown, 2006 WI 131, affirming 2006 WI App 44 For Brown: Randall E. Paulson, SPD, Milwaukee Appellate Amicus: Robert R. Henak and Amelia L. Bizzaro; Walter J. Dickey & David E. Schultz Issue/Holding: ¶22     We conclude that a reconfinement decision, like an initial sentencing decision, involves the circuit court’s discretion, and we review the… Read More

{ 0 comments }

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… Read More

{ 0 comments }

State v. Brandon E. Jones, 2005 WI App 259 For Jones: Amelia L. Bizarro Issue: Whether the sentencing court provided sufficient reasons for Jones’s reconfinement following revocation of extended supervision. Holding: ¶9        ….  The key is for the circuit court to provide sufficient information about its reasoning so as to allow for meaningful review. The “need… Read More

{ 0 comments }

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… Read More

{ 0 comments }