Sentencing

By: WISCONSIN LAW JOURNAL STAFF//January 8, 2013//

Listen to this article

Wisconsin Court of Appeals

Criminal

Sentencing — CIP

David D. Dyer appeals from a judgment of conviction for one count of burglary and one count of attempted burglary, both as a party to a crime, contrary to Wis. Stat. §§ 943.10(1m)(a), 939.05 and 939.32 (2007–08). He also appeals from an order denying his postconviction motion to modify his sentence. Dyer seeks a new sentencing hearing on grounds that the trial court that sentenced him after his probation was revoked “erroneously exercised its discretion by failing to explain on the Record why Mr. Dyer was ineligible for” the Challenge Incarceration Program (“CIP”). (Some capitalization omitted.) We reject his arguments and affirm. This opinion will not be published.

2012AP220-CR State v. Dyer

Dist I, Milwaukee County, Yamahiro, J., Per Curiam

Attorneys: For Appellant: Cornwall, Andrea Taylor, Milwaukee; For Respondent: Loebel, Karen A., Milwaukee; Noet, Nancy A., Madison