Sentencing

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Bruce C. Brenizer

Case No.: 2015AP2181

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

Focus: Sentencing

In 1993, Bruce Brenizer entered guilty pleas to five counts of first-degree intentional homicide. He was subsequently found not guilty by reason of mental disease or defect (NGI) on three of the counts. On the two counts for which Brenizer accepted criminal responsibility, the circuit court imposed consecutive sentences of life imprisonment. On the remaining counts, the court ordered Brenizer committed to the Wisconsin Department of Health and Social Services (DHS) for life. Brenizer resided at the Mendota Mental Health Institute until May 2013, at which point he was transferred to the custody of the Department of Corrections (DOC) at the Dodge Correctional Institution. In 2014, Brenizer filed a motion challenging the transfer, which the circuit court denied. Brenizer argues the circuit court erred by denying his motion because DHS lacked authority to transfer him to the custody of DOC. We agree. The commitment order unambiguously states that Brenizer is to be committed to DHS custody for life with placement in institutional care, unless his commitment is terminated under WIS. STAT. § 971.17(5) (1991-91).  As the State concedes, Brenizer’s commitment has not been terminated. Accordingly, DHS lacked authority to transfer Brenizer to DOC custody. State v. Szulczewski, 216 Wis. 2d 495, 574 N.W.2d 660 (1998), which was decided after Brenizer’s commitment order was entered, does not change this result because it cannot be retroactively applied to Brenizer’s commitment order. We therefore reverse the order denying Brenizer’s motion challenging his transfer to DOC custody. We remand for the circuit court to enter an order granting Brenizer’s motion and directing DOC to return him to the custody of DHS.

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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.