Sufficiency of Evidence and Sentencing Guidelines

Listen to this article

WI Court of Appeals – District I

Case Name: State of Wisconsin v. Lamonte Alton Ealy

Case No.: 2016AP1893-CR; 2016AP1894-CR; 2016AP1895-CR

Officials: Neubauer, C.J., Reilly, P.J., and Gundrum, J.

Focus: Sufficiency of Evidence and Sentencing Guidelines

Lamonte Alton Ealy appeals judgments of conviction from three circuit court cases and an order denying his motion for postconviction relief. We affirm the judgments and order. Ealy first contends the evidence at trial was insufficient to prove attempted intimidation of a witness. “In a challenge to the sufficiency of the evidence, we view the evidence in the light most favorable to the jury’s verdict.” Ealy next asserts that joinder of the sex-offense and attempted intimidation cases was improper under WIS. STAT. § 971.12(1). He also argues that joinder was unduly prejudicial, as the jury could interpret his letters and phone calls as consciousness of guilt of the principal offense. We disagree. Finally, Ealy asserts that the sentencing decision reflects an erroneous exercise of discretion, claiming it was inadequately explained and is unduly harsh and excessive. We disagree, and decline to remand for resentencing.

Full Text

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.