Sentencing — dismissed charges

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Wisconsin Supreme Court

Criminal

Sentencing — dismissed charges

A circuit court may consider charges that were dismissed, but not read-in, in imposing sentence.

“To discharge its obligation to discern a defendant’s character, ‘[a] sentencing court may consider uncharged and unproven offenses,’ State v. Leitner, 2002 WI 77, ¶45, 253 Wis. 2d 449, 646 N.W.2d 341, whether or not the defendant consents to having the charge read in. Indeed, the court may consider not only ‘uncharged and unproven offenses’ but also ‘facts related to offenses for which the defendant has been acquitted.’ Id.; see also State v. McQuay, 154 Wis. 2d 116, 126, 452 N.W.2d 377 (1990); Elias, 93 Wis. 2d at 284; Bobbitt, 178 Wis. 2d at 16-17.”

“Against this background, it is hard to imagine directing a court not to consider dismissed charges unless those charges are groundless or unreliable. Agreements not to reveal ‘relevant and pertinent’ information to a sentencing court are contrary to public policy. Grant v. State, 73 Wis. 2d 441, 448, 243 N.W.2d 186 (1976); see also McQuay, 154 Wis. 2d at 124-26. In short, the defendant’s suggestion conflicts with longstanding public policy.”

Affirmed.

2010AP2801-CR State v. Frey

Prosser, J.

Attorneys: For Appellant: Lee, Devon M., Madison; For Respondent: Balistreri, Thomas J., Madison; Drexler, Douglas, Florence