Sentencing — sentencing after revocation

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Wisconsin Court of Appeals

Criminal

Sentencing — sentencing after revocation

Douglas Richer pleaded no contest to two counts of delivery of a prescription drug without a prescription, contrary to Wis. Stat. § 450.11. Count 1 included a repeater enhancer, whereas the enhancer in Count 2 was dropped pursuant to a plea agreement. Richer was convicted on both counts and sentenced to sixty days’ jail on the first count. On the second, the court withheld sentence and placed Richer on probation, which was subsequently revoked. Richer was ultimately sentenced to three years’ initial confinement and three years’ extended supervision on the second count.

Richer appeals the judgment of conviction on Count 2, and an order denying his post-conviction motion. He claims the court failed to demonstrate sufficient knowledge of his previous sentencing and to explain the disparity between his sentences on the two counts. Richer also contends the sentencing court considered inaccurate information. For the reasons set forth below, we reject these arguments and affirm. This opinion will not be published.

2013AP1826-CR State v. Richer

Dist III, Eau Claire County, Theisen, J., Per Curiam

Attorneys: For Appellant: Petersen, Melissa M., Hager City; For Respondent: Gansner, William L., Madison; King, Gary M., Eau Claire