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Sentencing
By: Derek Hawkins//August 10, 2016//
Listen to this articleWI Court of Appeals – District II
Case Name: State of Wisconsin v. Markus S. Holcomb
Case No.: 2015AP996-CR
Officials: Reilly, P.J., Gundrum and Hagedorn, JJ.
Focus: Sentencing
This case requires us to interpret WIS. STAT. § 939.617 (2013-14), which prescribes minimum sentences for certain child sex offenses. Specifically, the main question before us is whether and when a circuit court may impose less than three years’ initial confinement for possession of child pornography. We hold that § 939.617(2) authorizes a circuit court to depart from the minimum and impose either probation or initial confinement of less than three years only if the defendant is not more than forty-eight months older than the child-victim.
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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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