By: Derek Hawkins//March 23, 2016//
WI Court of Appeals – District IV
Case Name: State of Wisconsin v. Shawn M. Schuett
Case No.: 2015AP1232-CR
Officials: Kloppenburg, P.J., Higginbotham and Sherman, JJ.
Focus: Restitution – Abuse of Discretion
Shawn Schuett appeals from the restitution component of a criminal judgment and an order denying him postconviction relief. He raises two issues. First, he challenges whether the person and insurer seeking restitution (collectively, B.S.) qualified as “victims” of his crimes of conviction within the meaning of WIS. STAT. § 973.20 (2013-14). Second, he contends that the circuit court erroneously exercised its discretion by entering a restitution order without first holding a hearing. For the reasons discussed below, we conclude that B.S. met the statutory definition of a crime victim entitled to restitution, but that Schuett was entitled to a hearing to challenge the amount of restitution. Accordingly, we affirm the circuit court’s ruling regarding B.S.’s eligibility for restitution, but reverse the postconviction order and the portion of the judgment imposing restitution, and remand for a restitution hearing.