Sentencing — discretion

By: WISCONSIN LAW JOURNAL STAFF//March 5, 2013//

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Wisconsin Court of Appeals

Criminal

Sentencing — discretion

David Lewis Martin appeals from a judgment of conviction, entered upon his guilty pleas, on one count of fleeing or eluding a police officer; two counts of second-degree recklessly endangering safety; and one count of assault by a prisoner by expelling bodily fluids. Martin also appeals from an order denying his postconviction motion for resentencing. He contends that the circuit court erroneously exercised its discretion when it relied on contradictory premises about Martin’s mental health and imposed a near-maximum sentence. We reject Martin’s arguments and affirm the judgment and order. This opinion shall not be published.

2011AP2089-CR, 2011AP2090-CR State v. Martin

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

Attorneys: For Appellant: Wos, Elyce, Madison; For Respondent: Loebel, Karen A., Milwaukee; Wellman, Sally L., Madison

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