Sentencing – Penalty Enhancer

By: Derek Hawkins//January 31, 2017//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. John A. Casteel

Case No.: : 2015AP2501-CR; 2015AP2502-CR

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Sentencing – Penalty Enhancer

John Casteel, a/k/a Tayr Kilaab al Ghashiyah, appeals an order amending two judgments of conviction. At the request of the Department of Corrections, the circuit court clarified that the thirty-year sentence imposed in circuit court case No. 1985CR7801 (now known as No. 1985CF780) was partially based on the penalty enhancer for habitual criminality pursuant to WIS. STAT. § 939.62(1)(c). The circuit court also modified the judgment of conviction in circuit court case No. 1985CR1026 (now known as No. 1985CF1026) to remove 165 days of sentence credit. Casteel argues he was entitled to notice and an opportunity to be heard before the circuit court amended the judgments. We reject that argument and other issues Casteel attempts to raise that are not related to the amendments

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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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