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Homicide by Intoxicated Use of a Motor Vehicle — sufficiency of the evidence — sentencing

Wisconsin Court of Appeals

Criminal

Homicide by Intoxicated Use of a Motor Vehicle — sufficiency of the evidence — sentencing

Daniel Henningsen appeals judgments of conviction for homicide by intoxicated use of a motor vehicle, causing injury by operating a motor vehicle while under the influence, and operating after revocation, causing death, following a trial to the court. Henningsen also appeals the circuit court order denying Henningsen’s postconviction motion. Henningsen contends that: (1) the circuit court misapplied the traffic law in determining that Henningsen forfeited his right-of-way by speeding; (2) the State failed to establish that Henningsen’s actions were the legal cause of the crash in this case; (3) the circuit court did not adequately explain its reasoning for the sentence it imposed; and (4) the court’s sentencing determination placed too much emphasis on Henningsen’s role in the crash while disregarding the victim’s role, and was unduly harsh and unconscionable. We conclude that the evidence was sufficient to support the convictions and that the circuit court properly exercised its sentencing discretion. Accordingly, we affirm. This opinion will not be published.

2012AP1645-CR State v. Henningsen

Dist II, Waukesha County, Kieffer, J., Per Curiam

Attorneys: For Appellant: Koesser, Hans P., Kenosha; For Respondent: Schimel, Brad, Waukesha; Sanders, Michael C., Madison

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