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Sentencing – Review – Harsh and Excessive – Sexual Assault

State v. Anthony L. Prineas, 2009 WI App 28
For Prineas: Raymond M. Dall’Osto, Kathryn A. Keppel

Issue/Holding: Prineas was convicted on 2 counts of 2nd-degree sexual assault, and acquitted on another 4; the PSI recommended 6-8 years, but he was sentenced to 10 IC, 10 ES and a concurrent 30-year term of probation; though a first-time offender, the disposition is upheld against a claim of harsh and excessive sentence, ¶¶29-34.

Purely as a point of curiosity: the sentencing judge was the subject of a recall campaign some years ago because of his perceived leniency in a sexual assault case, e.g., State v. Pablo Cruz Santana, 220 Wis. 2d 674, 584 N.W.2d 151 (Ct. App. 1998); the recall effort was unsuccessful but apparently the judge took the lesson to heart.

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