Criminal Procedure — mandatory minimum sentences

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Wisconsin Supreme Court

Criminal

Criminal Procedure — mandatory minimum sentences

It violates sec. 970.02(1)(a) not to inform a defendant of a mandatory minimum sentence.

“[A]ssuming but not deciding that the mandatory minimum sentence applies to Thompson, the failure to inform Thompson of the mandatory minimum sentence violated Wis. Stat. § 970.02(1)(a). Wisconsin Stat. § 970.02(1)(a) requires the judge who presides at an initial appearance to inform the defendant of the charge and furnish the defendant with a copy of the complaint ‘which shall contain the possible penalties for the offenses set forth therein.’ (Emphasis added). ‘In the case of a felony, the judge shall also inform the defendant of the penalties for the felony with which the defendant is charged.’ Id. (emphasis added). The court did not furnish the defendant with a complaint that contained one of ‘the possible penalties for the offense’——namely, the mandatory minimum penalty of 25 years in prison——and it did not adequately inform the defendant of the possible penalties. Assuming that Thompson is subject to a mandatory minimum penalty, these violations of Wis. Stat. § 970.02(1)(a) by the State and by the circuit court were not corrected at any point in the proceedings.”

“We conclude that this case must be remanded to the circuit court for a hearing to determine whether Thompson was prejudiced by the violations of Wis. Stat. § 970.02(1)(a). The prejudice determination must satisfy the traditional standard for overcoming harmless error, that is, there must be a reasonable probability that the error contributed to the outcome of the action or the proceeding at issue.”

Reversed and Remanded.

2009AP1505-CR State v. Thompson

Prosser, J.

Attorneys: For Appellant: Henkelmann, John P., Wisconsin Rapids; Pray, Eileen W., Madison; For Respondent: La Chapelle, J. P., Wisconsin Rapids