01-0530-CR State v. Hoye

By: dmc-admin//December 31, 2001//

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Darwin Hoye appeals a judgment of conviction for being party to the crime of first-degree recklessly endangering safety by use of a dangerous weapon. He claims: (1) the evidence was insufficient to support a probable cause determination at the preliminary hearing; (2) the prosecutor made an unsupported assertion regarding extradition at the bail hearing; (3) the prosecutor spoke negatively about him at the sentencing hearing and introduced evidence beyond that presented at the preliminary hearing in violation of the plea agreement; (4) the prosecutor commented on Hoye’s prior record at sentencing without offering documentation; (5) the trial court erred in accepting the State’s version of events and imposing the maximum sentence.

We affirm for the reasons discussed below.

This opinion will not be published.

Dist IV, Dane County, Krueger, J., Per Curiam

Attorneys:

For Appellant: Adrienne R. Borisy, Madison

For Respondent: Robert J. Kaiser Jr., Madison; Sandra L. Nowack, Madison

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