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Motion to Vacate
By: Derek Hawkins//April 27, 2016//
Listen to this articleVenue: WI Court of Appeals – District III
Case Name: State of Wisconsin v. Donald R. Weso
Case No.: 2015AP1004-CR
Officials: HRUZ, J.
Donald Weso appeals a judgment of conviction for several domestic abuse offenses and an order denying his postconviction motion. He argues the circuit court erroneously denied his motion seeking to vacate all domestic abuse surcharges the court imposed under WIS. STAT. § 973.055. In particular, Weso argues he did not “reside” with the victim such that any surcharge could be imposed against him. See § 973.055(1)(a)2. We conclude Weso “resided” with the victim at the time of the offenses within the meaning of § 973.055(1)(a)2. because he stayed at the victim’s residence between five and six nights per week for a number of months, kept clothes at the residence that he wore daily and that the victim laundered, and consumed meals at the residence. Accordingly, we affirm.
Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.
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