Sentencing — improper facts — religion

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Wisconsin Court of Appeals

Criminal

Sentencing — improper facts — religion

Although the court used religious language in sentencing a defendant for sexually abusing children, the court did not consider improper factors.

“Taken as a whole, the sentencing transcript in this case demonstrates that the court considered proper factors and linked them to appropriate sentencing objectives.  Although the court used religious language, sparingly, during its analysis, Betters has failed to show that it is highly probable or reasonably certain his sentence was based on the court’s religious convictions.  We stress again that the court’s invocations of a religious deity were ill-advised.  However, not every ‘ill-advised word’ will create reversible error.  See Bakker, 925 F.2d at 741.  The transcript reflects that the court’s offhand religious references addressed proper secular sentencing factors.  Thus, we conclude the court properly exercised its discretion.  The judge’s comments do not suggest Betters required a longer sentence to ‘pay religious penance.’  See Traxler, 477 F.3d at 1249.”

Affirmed.

Recommended for publication in the official reports.

2012AP1339-CR State v. Betters

Dist. III, Brown County, Zuidmulder, J., Mangerson, J.

Attorneys: For Appellant: Lichstein, Byron C., Madison; For Respondent: Whelan, Maura F.J., Madison; Lasee, David L., Green Bay