2010AP1269-CR State v. Perez

By: WISCONSIN LAW JOURNAL STAFF//March 1, 2011//

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Sentencing
DNA surcharge

Xavier Luis Perez, pro se, appeals the circuit court orders denying his motion to vacate the DNA surcharge imposed pursuant to Wis. Stat. § 973.046(1g) and the order denying his subsequent motion for reconsideration. Perez argues that the sentencing court failed to properly exercise its discretion when it imposed the DNA surcharge without articulating reasons to support its decision. In addition, Perez argues that the circuit court erred by not liberally construing his motion. Because Perez’s motion was filed more than two years after judgment was entered, it was untimely. We therefore affirm. This opinion will not be published.

2010AP1269-CR State v. Perez

Dist I, Milwaukee County, Donegan, J., Per Curiam

Attorneys: For Appellant: Perez, Xavier Luis, pro se; For Respondent: Loebel, Karen A., Milwaukee; O’Brien, Daniel J., Madison

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