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2009AP2499-CR State v. Boykin

By: WISCONSIN LAW JOURNAL STAFF//September 22, 2010//

2009AP2499-CR State v. Boykin

By: WISCONSIN LAW JOURNAL STAFF//September 22, 2010//

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Search and Seizure
Probation searches

Seneca Joseph Boykin appeals from a judgment of conviction for possession with intent to deliver THC, contrary to Wis. Stat. § 961.41(1m)(h)1. (2007-08), and possession of a firearm by a felon, contrary to Wis. Stat. § 941.29(2). Boykin additionally appeals from the trial court’s order denying his motion for postconviction relief. Boykin raises two challenges on appeal. Boykin contends that the trial court erred in denying his motion to suppress evidence because the search which led to the evidence underlying his convictions, although conducted by his probation agent, was in fact instigated by the police and, therefore, was an unlawful police search. Boykin additionally argues that the trial court erroneously exercised its discretion by imposing an excessive sentence without explaining its rationale. Based on our review of the record, we reject both of Boykin’s arguments. We affirm the judgment and order. However, because of a discrepancy between the sentence as pronounced and the sentence as ordered in the written judgment of conviction, we remand to the trial court for a determination of whether the written judgment of conviction is inaccurate and requires correction. Not recommended for publication in the official reports.

2009AP2499-CR State v. Boykin

Dist II, Racine County, Mueller, J., Neubauer, P.J.

Attorneys: For Appellant: Schoenfeldt, Mark A., Milwaukee; For Respondent: Freimuth, James M., Madison; Nieskes, Michael E., Racine

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