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Restitution – De Novo Review

By: Derek Hawkins//July 27, 2016//

Restitution – De Novo Review

By: Derek Hawkins//July 27, 2016//

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Zachery J. Pagenkoff

Case No.: 2015AP1855-CR

Officials: BLANCHARD, J.

Focus: Restitution – De Novo Review

Zachery Pagenkopf appeals the circuit court’s restitution order entered following his convictions for misdemeanor battery, disorderly conduct, and resisting a police officer. More specifically, Pagenkopf challenges the court’s denial of his motion requesting de novo review by the court of a restitution hearing conducted by a circuit court commissioner, and also challenges the amount of restitution ordered by the court. I conclude that Pagenkopf was not entitled to de novo review by the court because the commissioner acted under a referral from the court under WIS. STAT. § 973.20(13)(c)4., pursuant to which the commissioner had authority only to prepare “proposed findings of fact and conclusions of law” for consideration by the court, and the commissioner lacked authority to make a “decision,” as that term is used in WIS. STAT. § 757.69(8). The court, and not the commissioner, made the restitution decision set forth in the court’s order. I also conclude that the court rationally interpreted the pertinent facts and applied the correct legal standards, and therefore the court did not erroneously exercise its discretion in ordering restitution in the amount that it did. Accordingly, I affirm.

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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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