2011AP1-CR State v. Przybylski

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Sentencing
Discretion

Dustin Przybylski seeks resentencing on his conviction for operating a motor vehicle while under the influence of an intoxicant or other drug, fourth offense, contrary to Wis. Stat. § 346.63(1)(am). Przybylski claims that the circuit court did not fairly consider the recommendation of the prosecutor and the defense counsel that his sentence be served concurrently with another prison term he is currently serving. Przybylski further claims that the circuit court adopted a mechanistic approach of automatically ordering all sentences to be served consecutively, in contravention of the standard outlined in State v. Martin, 100 Wis. 2d 326, 302 N.W.2d 58 (Ct. App. 1981). The record reflects that the circuit court weighed appropriate, case-specific factors and explained the reasons for its sentencing decision. We reject his request for resentencing. We affirm. This opinion will not be published. This appeal is decided by one judge pursuant to Wis. Stat. § 752.31(2)(f) (2009-10). 2011AP1-CR State v. Przybylski

Dist II, Fond du Lac County, English, J., Neubauer, P.J.

Attorneys: For Appellant: Holzman, Michael S., Waukesha; For Respondent: Weber, Gregory M., Madison; Kaminsky, Daniel, Fond du Lac

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