2009AP1727-CR, 2009AP1728-CR, 2009AP1729-CR State v. Watling

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Sentencing
Sex offender registration

Forty-six-year-old Brent S. Watling repeatedly sexually assaulted a fourteen-year-old girl. As part of the judgment of conviction, the circuit court required him to register as a sex offender.

Watling appeals the registration requirement on grounds that the court did not explain why registration was in the interest of the public's protection. We disagree and conclude that the record supports the court's exercise of discretion. Watling also appeals the sentences on two other convictions, alleging that the court improperly required sex offender registration for these as well. He points out that these convictions are not within the sex offender registration statute. He contends that the circuit court did not have the authority to order registration as to the non-sex offenses just because the court also ordered registration as to the sexual assault charges. We conclude, however, that he misreads the court's sentencing structure. The circuit court ordered Watling to register based on his sexual assault conviction only; the other convictions only referred to the registration requirement in his sexual assault case. The court ordered only that, as a condition of supervision on those remaining convictions, he must adhere to the order for sex offender registration. We further hold that the court had a legal basis to do so and affirm. Not recommended for publication in the official reports.

2009AP1727-CR, 2009AP1728-CR, 2009AP1729-CR State v. Watling

Dist II, Walworth County, Carlson, J., Brown, C.J.

Attorneys: For Appellant: Fite, Shelley, Madison; For Respondent: Koss, Phillip A., Elkhorn; St. John, Rebecca Rapp, Madison

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