01-0808 State v. Hall

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“In the instant case, while the trial court was authorized to impose consecutive sentences pursuant to Wis. Stat. § 973.15(2)(a), it never explained why it imposed the sentences consecutively such that Hall will never live long enough to serve them. Additionally, the trial court never, on the record, totaled the individual sentences from each count to determine the aggregate effect of the eight consecutive sentences and Hall’s earliest possible date of release from prison. Finally, Hall’s sentence exceeds the presentence investigation report’s recommendation by approximately 200 years. The presentence report recommended a maximum sentence for all eight counts of 107 years with a period of four to six years of extended supervision. …

“Hall concedes that the crimes he committed were exceedingly serious and he deserves a substantial prison term. We agree. However, we also agree that Hall, as do all criminal defendants, has a constitutional right to have the relevant and material factors which influence sentencing explained on the record by the trial court.”

Reversed and remanded with directions.

Recommended for publication in the official reports.

Dist I, Milwaukee County, Wagner, J., Curley, J.

Attorneys:

For Appellant: Howard B. Eisenberg, Milwaukee

For Respondent: Robert D. Donohoo, Milwaukee; Gregory M. Weber, Madison