Criminal Procedure — ineffective assistance

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — ineffective assistance

Troy D. Jefferson appeals the judgment of conviction sentencing him to twelve years’ imprisonment for first-degree recklessly endangering safety with the use of a dangerous weapon, contrary to Wis. Stat. §§ 941.30(1) & 939.63(1)(b) (2009-10). Jefferson also appeals the order denying his postconviction motion, in which he argued that trial counsel was ineffective at sentencing. We agree with Jefferson that counsel’s failure to inform the trial court about Jefferson’s good character and positive social history in any meaningful way at sentencing constituted ineffective assistance of counsel. We therefore reverse the postconviction order and that part of the judgment sentencing Jefferson, and remand the case to the trial court for resentencing. Not recommended for publication in the official reports.

2011AP1778-CR State v. Jefferson

Dist I, Milwaukee County, McMahon, Dallet, JJ., Curley, P.J.

Attorneys: For Appellant: Mogren, Joel A., Milwaukee; For Respondent: Loebel, Karen A., Milwaukee; Larson, Sara Lynn, Madison