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Sentencing
By: Derek Hawkins//April 26, 2017//
Listen to this articleWI Court of Appeals – District I
Case Name: State of Wisconsin v. Thomas G. St. Peter
Case No.: 2016AP683-CR
Officials: Brash, J.
Focus: Sentencing
Thomas G. St. Peter appeals from the judgment of conviction and order denying his motion for sentence modification, following his conviction of a misdemeanor charge of obstructing an officer, contrary to WIS. STAT. § 946.41(1). St. Peter argues that the trial court violated his due process rights because his sentence was based on the court’s misunderstanding of the facts. He further argues that the trial court erroneously exercised its discretion at the time of sentencing by not addressing relevant factors for sentencing as established in McCleary v. State, 49 Wis. 2d 263, 182 N.W.2d 512 (1971), and confirmed in State v. Gallion, 2004 WI 42, 270 Wis. 2d 535, 678 N.W.2d 197. We affirm the judgment, but reverse the order and remand the case for resentencing
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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