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2010AP233-CR State v. Johnson

By: WISCONSIN LAW JOURNAL STAFF//October 14, 2010//

2010AP233-CR State v. Johnson

By: WISCONSIN LAW JOURNAL STAFF//October 14, 2010//

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Sentencing
Restitution; sexual assault; psychiatric care

Brandon Johnson appeals from a judgment of conviction for a violation of Wis. Stat. § 940.225(3) (2007-08), an order of restitution and an order denying his postconviction motion challenging, among other things, the order of restitution. He was convicted upon his no contest plea to third degree sexual assault of W.M.K., a 14-year-old girl. Johnson contends that the circuit court erred when it ordered him to pay restitution pursuant to Wis. Stat. § 973.20(4m) in the amount of $10,000 for W.M.K.’s 10-month residence at the Thayer Learning Center, “a boot camp, behavior modification experience.” Johnson claims that his sexual assault of W.M.K. was not a substantial factor in causing the problems for which W.M.K. sought treatment and that the program offered at Thayer Learning Center did not provide “professional services relating to psychiatric and psychological care and treatment,” as required by Wis. Stat. § 973.20(4m).

We conclude that the circuit court was correct in concluding that Johnson’s sexual assault of W.M.K. was a substantial factor in W.M.K.’s need for treatment, even if it was not the only factor. We further conclude that Johnson’s assertion that Thayer Learning Center’s program was not related to psychological care and treatment was undeveloped and based upon conclusory statements unsupported by legal authority. We therefore affirm. Not recommended for publication in the official reports.

2010AP233-CR State v. Johnson

Dist IV, Monroe County, Ziebler, J., Sherman, J.

Attorneys: For Appellant: Brehm, Philip J., Janesville; For Respondent: Flottmeyer, Amy M., Sparta; O’Neil, Aaron R., Madison

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