Motion to Suppress Evidence Denied

By: Derek Hawkins//September 19, 2017//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Tarrel T. Robertson

Case No.: 2016AP568-CR

Officials: Kessler, Brash and Dugan, JJ.

Focus: Motion to Suppress Evidence Denied

Tarrel T. Robertson appeals the judgment entered on his guilty plea to possession of a firearm by a felon as a repeater. See WIS. STAT. §§ 941.29(2)(a), 939.62(1)(b) (2013-14). He argues that the circuit court erred in denying his motion to suppress. Robertson also appeals the order denying his postconviction motion to vacate the DNA surcharge on grounds that it constituted an ex post facto punishment. We uphold the circuit court’s order denying his motion to suppress and, therefore, affirm the judgment of conviction in part. However, we reverse the portion of the judgment and postconviction order relating to the DNA surcharge and remand with directions that the circuit court apply the surcharge statute that was in effect when Robertson committed the crime in this case.

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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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