Sentencing — guidelines

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Wisconsin Court of Appeals

Criminal

Sentencing — guidelines

There is no applicable sentence guideline for homicide by intoxicated use of a motor vehicle.

“At the time of Firebaugh’s sentencing, neither the CPSC nor the Commission had developed a sentencing guideline for homicide by intoxicated use of a motor vehicle. The offenses for which guidelines were developed included first- and second-degree sexual assault, first- and second-degree child sexual assault, burglary, theft, robbery, armed robbery, forgery and uttering, delivery or possession with intent to deliver cocaine, and delivery or possession with intent to deliver marijuana. Compare FINAL REP., supra, at 114, with SENTENCING IN WISCONSIN, supra. We believe the State’s brief best sums up our conclusion: In short, Firebaugh’s motion and appeal misfire because Firebaugh seeks an impossible remedy: consideration of sentencing guidelines that did not exist at the time of his sentencing and that have not existed at any time since his sentencing.”

Affirmed.

Recommended for publication in the official reports.

2010AP3083-CR State v. Firebaugh

Dist. III, Shawano County, Habeck, J., Cane, J.

Attorneys: For Appellant: Firebaugh, Jeffrey S., pro se; For Respondent: Wren, Christopher G., Madison; Parker, Gregory A., Shawano