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Sentencing – Factors: Basing Length of Extended Supervision Term on Making Restitution Payments

State v. Tony G. Longmire, 2004 WI App 90
For Longmire: Charles B. Vetzner, SPD, Madison Appellate

Issue: Whether the sentencing court erroneously exercised discretion, or violated equal protection, in setting an excessive length of extended supervision so as to ensure that the defendant satisfies the restitution order.

Holding: “¶39. We conclude that the trial court’s sentencing rationale, taken as a whole, did not constitute an erroneous exercise of discretion. A court, after giving consideration to the relevant sentencing factors, may give disproportionate or controlling weight to a single factor.” Nor did “a lengthy term of supervision in order to enable Longmire to pay a sizeable restitution amount” violate equal protection. ¶41.

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