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Stayed Sentence
By: Derek Hawkins//March 7, 2016//
Listen to this articleWI Court of Appeals – District I
Case Name: State of Wisconsin v. D.T.
Case No.: 2015AP1476
Officials: CURLEY, P.J.
Focus: Stayed Sentence
D.T., a juvenile previously found delinquent, appeals the trial court’s order lifting the stay of his five-year sentence to the Serious Juvenile Offender Program. He argues that because the State’s motion seeking to lift the stay of his earlier five-year sentence only referenced the fact that he had been recently charged with two new felony counts, and included nothing regarding the extensive procedural history of the case, the trial court erroneously exercised its discretion and violated D.T.’s due process right. This allegedly occurred when the trial court usurped the role of the prosecutor by taking judicial notice of its file sua sponte and calling a witness. Ultimately, the trial court determined that by a preponderance of the evidence, D.T. had violated a condition of his additional dispositional order.
Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.
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