State v. Devante J. Lumpkins, 2012AP1670-CR, District 1, 4/2/13; court of appeals decision (not recommended for publication); case activity Lumpkins is liable for restitution for damage to a stolen van he and two co-defendants (“The Jack Boys”) used to commit two armed robberies, even though Lumpkins was not charged with or convicted of the theft… Read more
g. Victim
State v. Derick G. Vanbeek, 2009 WI App 37, PFR filed 3/13/09 For Vanbeek: Donald T. Lang, SPD, Madison Appellate Issue/Holding: On conviction for making a false bomb scare, § 947.015, Vanbeek is liable in restitution to the school district for salaries and benefits paid to teachers and staff during the resulting 4-hour evacuation, because the school district… Read more
State v. William Agosto, 2008 WI App 149, PFR filed 10/21/08 For Agosto: Andrea Taylor Cornwall, SPD, Milwaukee Appellate Issue/Holding: The defendant’s mother, who posted subsequently-forfeited cash bail, is a “victim” for restitution purposes: ¶8 … Agosto committed the “crime” of bail-jumping. He pled guilty and the circuit court entered a judgment convicting him of that crime… Read more
State v. Anthony Houston Lee, 2008 WI App 185 For Lee: Carl W. Chessir Issue/Holding: ¶11 As noted, Wis. Stat. § 973.20 authorizes a trial court to order restitution to victims of a “[c]rime considered at sentencing,” which includes “any crime for which the defendant was convicted and any read-in crime.” Sec. 973.20(1g)(a) & (1r). We conclude… Read more
State v. Earl W. Haase, 2006 WI App 86, (State’s) PFR filed 5/17/06 For Haase: Glenn L. Cushing, SPD, Madison Appellate Issue: Whether restitution may be ordered for damage caused to a squad car destroyed by fire during pursuit of the defendant. Holding: A governmental “agency must be a direct victim of the criminal conduct to be reimbursed for a… Read more
State v. Edward W. Johnson, Jr., 2002 WI App 166 For Johnson: Robert T. Ruth Issue/Holding: Wages lost by a stepparent’s accompanying the victim to court aren’t subject to restitution; lost wages are limited to those persons identified in § 973.20(5)(b). ¶¶22-23. Issue/Holding: A stepparent is not victim for § 973.20(1r) restitution purposes, ¶¶17-19. (However, a stepparent may qualify as an… Read more
State v. James N. Storlie, 2002 WI App 163 For Storlie: William E. Schmaal, SPD, Madison Appellate Issue: Whether the destruction of “stop sticks” caused by defendant’s flight from the police is properly subject to a restitution order. Holding: ¶10…. (T)he government is entitled to restitution for losses incurred when it is a victim as a direct… Read more
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… Read more
