Statutory Intepretation

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WI Supreme Court

Case Name: State of Wisconsin v. Ernesto E. Lazo Villamil

Case No.: 2017 WI 74

Focus: Statutory Intepretation

This case examines issues that arise from statutory language that appears to make the offense of causing a death while knowingly operating a motor vehicle after revocation both a felony and a misdemeanor offense. Such an unusual scenario has generated both a petition and crosspetition for review of the court of appeals’ decision.

Petitioner, Ernesto Lazo Villamil (Villamil), seeks review of a court of appeals’ decision affirming a circuit court judgment of conviction and order denying his motion for postconviction relief. We agree with the court of appeals that Wis. Stat. § 343.44(2)(b) is mandatory and that the record at sentencing must demonstrate that the circuit court considered the factors enumerated in the statute. Accordingly, we affirm the court of appeals decision and remand to the circuit court for a new sentencing hearing because the record fails to demonstrate that the circuit court considered the required factors pursuant to Wis. Stat. § 343.44(2)(b).

Affirmed

Concur: Kelly, J., R.G. Bradley, J.

Dissent: Abrahamson, J.

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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.