01-0382-CR State of Wisconsin v. Edward W. Johnson, Jr.

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“First, Johnson agreed at sentencing that restitution was appropriate, and his counsel expressly acquiesced in the circuit court’s decision to postpone a final decision on restitution because expenses were still accumulating. Second, while Johnson complains that a proposed final order had not been submitted even ninety days after J.M.K. submitted her ‘final’ claims for counseling and medication costs, he ignores the fact that J.M.K. was only one of the victims that the circuit court was asked to consider for purposes of restitution. The original sentencing hearing encompassed consolidated cases, and the May 15th hearing request included proposed restitution orders for J.M.K. and for the victim in the consolidated case. Significantly, DOC’s request stated that the victim in the consolidated case ‘continues in counseling and has ongoing medication costs as a result of the offense.’ Third, Johnson never raised a timeliness objection to the manner in which the probation agent collected information and arranged for a final hearing until he raised the issue by an oral motion on the day of the restitution hearing. In light of the factors that a sentencing court must consider when ordering restitution, see Wis. Stat. § 973.20(13)(a), we conclude that it was not reversible error to delay restitution proceedings when the victim in a consolidated case was still accumulating compensable costs.”

Affirmed in part, and reversed in part.

Recommended for publication in the official reports.

Appeal from an order of the circuit court for Jefferson County, Erwin, J., Roggensack, J.

Attorneys:

For Appellant: Robert T. Ruth, Madison

For Respondent: David J. Wambach, Jefferson; Sandra L. Nowack, Madison