02-0569 State v. Smart

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Defendant pled guilty to OUI, third offense, and OUI at greater than .1 %, also third offense, and was sentenced, under the sentencing guidelines then in effect in the Ninth Judicial District, to 10 months in jail and $1,910 in fines and costs. After defendant was sentenced, the chief judge of the district reduced the guideline for his offense to 120 days in jail.

The guideline scheme, while not perfect, bears a rational relationship to the goal of reducing drunk driving sentencing disparity; statewide guidelines would perhaps be more equitable, but the legislature is not required to choose the wisest or most effective means of reducing the disparity.

Nor did the circuit court abuse its discretion in imposing defendant’s sentence; nor did the circuit court violate defendant’s due process or equal protection rights in refusing to modify that sentence after the guidelines were changed.

Affirmed.

Recommended for publication in the official reports.

Dist III, Shawano County, Schmidt, J., Cane, C.J.

Attorneys:

For Appellant: Donald T. Lang, Madison

For Respondent: Catharine D. White, Shawano