Sentencing — fines — ability to pay

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Wisconsin Court of Appeals

Criminal

Sentencing — fines — ability to pay

Ronnie Thums appeals a judgment of conviction for solicitation to commit first-degree intentional homicide, conspiracy to commit first-degree intentional homicide, and two counts of solicitation for burglary of a dwelling, and an order denying his postconviction motion. Thums claims: (1) the evidence was insufficient to convict him of conspiracy to commit first-degree intentional homicide; (2) the circuit court improperly instructed the jury as to the “overt act” element for the crime of conspiracy to commit first-degree intentional homicide; (3) his convictions for solicitation to commit first-degree intentional homicide and conspiracy to commit first-degree intentional homicide were multiplicitous; (4) he received ineffective assistance of counsel; (5) the circuit court erred in admitting other acts evidence; and (6) the circuit court imposed an excessive fine without first ascertaining his ability to pay. We affirm in part and reverse in part. Not recommended for publication in the official reports.

2012AP929-CR State v. Thums

Dist IV, Jackson County, Lister, J., Sherman, J.

Attorneys: For Appellant: House, J. Steven, Madison; For Respondent: Fox, Gerald R., Black River Falls; Sanders, Michael C., Madison