Sentencing – fines — ability to pay

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Wisconsin Court of Appeals

Criminal

Sentencing – fines — ability to pay

Daniel T. Storm, p/k/a Daniel T. Slaughter, appeals an order denying his motion to vacate the fine portion of his sentence. He contends that there has never been an assessment of his ability to pay the fine as ordered by this court in a previous opinion and, as such, the State has waived its right to have that hearing now, by virtue of extreme delay. He contends, in the alternative, that the circuit court must first conduct an “ability to pay” hearing before there can be enforcement of the fine. He also argues that, to the extent that the record shows a stipulated payment plan, he was never a party to it and never authorized an attorney to so stipulate. But the circuit court found that it “has made several determinations that the Defendant has the ability to pay” and that Storm has stipulated to payment plans in the past. Because Storm has submitted no transcripts to show otherwise, this court must assume that the missing material supports the trial court’s ruling. This court affirms. This opinion will not be published.

2013AP2212 State v. Storm

Dist II, Racine County, Torhorst, J., Brown, C.J.

Attorneys: For Appellant: Storm, Daniel T., pro se; For Respondent: Newlun, James D., Racine; Weber, Gregory M., Madison