Sentencing — DNA surcharge — sentence credit

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Wisconsin Court of Appeals

Criminal

Sentencing — DNA surcharge — sentence credit

Manuel R. Williams appeals the judgment entered on his guilty plea to being a felon in possession of a firearm as a repeat offender, see Wis. Stat. §§ 941.29(2) & 939.62(1)(b), and the order denying his motion for postconviction relief. Williams claims: (1) the police did not have reasonable suspicion to stop him and, therefore, the circuit court should have suppressed evidence of the gun he was carrying; (2) the circuit court did not sufficiently explain why he should pay a DNA surcharge, see State v. Cherry, 2008 WI App 80, 312 Wis. 2d 203, 752 N.W.2d 393; and (3) he is entitled to twenty-two days of sentence credit. We affirm the circuit court’s ruling upholding the stop, but reverse and remand with directions on the DNA surcharge and sentence credit. Publication in the official reports is not recommended.

2012AP357-CR State v. Williams

Dist I, Milwaukee County, Dallet, J., Fine, J.

Attorneys: For Appellant: Essling, Adam C., Milwaukee; For Respondent: Loebel, Karen A., Milwaukee; Noet, Nancy A., Madison