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Sentencing – discretion — alien status — DNA surcharge
By: WISCONSIN LAW JOURNAL STAFF//October 7, 2014//
Sentencing – discretion — alien status — DNA surcharge
By: WISCONSIN LAW JOURNAL STAFF//October 7, 2014//
Listen to this articleWisconsin Court of Appeals
Criminal
Sentencing – discretion — alien status — DNA surcharge
Leopoldo R. Salas Gayton appeals the judgment entered after he pled no contest to homicide by intoxicated use of a car and operating without a valid license, causing death. See Wis. Stat. §§ 940.09(1)(a), 939.50(3)(d), 343.05(5)(b) & 939.51(3)(a). He also appeals the circuit court’s denial of his motion for postconviction relief. He argues here that the circuit court: (1) did not consider the proper factors in connection with his sentence; and (2) did not sufficiently explain why he should pay a DNA surcharge, see State v. Cherry, 2008 WI App 80, 312 Wis. 2d 203, 752 N.W.2d 393. We affirm. Publication in the official reports is not recommended.
Dist I, Milwaukee County, Cimpl, J., Fine, J.
Attorneys: For Appellant: MacArdy, Amy Lynn, Milwaukee; Handelsman, Alexander, Milwaukee; For Respondent: Loebel, Karen A., Milwaukee; Wren, Christopher G., Madison
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