By: WISCONSIN LAW JOURNAL STAFF//August 7, 2012//
Wisconsin Court of Appeals
Criminal
Motor Vehicles — OWI — sentencing
Scott VanDynHoven appeals a judgment convicting him of fifth offense driving while intoxicated and an order denying his motion for resentencing. He argues: (1) the sentence of three years’ initial confinement and three years’ extended supervision was excessive; (2) the court relied on inaccurate information that VanDynHoven was not interested in treatment; (3) the court gave too much weight to VanDynHoven’s lack of interest in treatment; and (4) a new factor, the actual date VanDynHoven could be admitted to the Earned Release Program, justifies resentencing. We reject these arguments and affirm the judgment and order. This opinion will not be published.
2012AP56-CR State v. VanDynHoven
Dist III, Outagamie County, Mangerson, J., Per Curiam
Attorneys: For Appellant: Musolf, Kevin D., Appleton; For Respondent: Schneider, Carrie A., Appleton; Larson, Sara Lynn, Madison