Sentence Modification

By: Derek Hawkins//May 7, 2018//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. DeShandre Darnell Brister

Case No.: 2017AP1362-CR

Officials: Brennan, P.J., Kessler and Dugan, JJ.

Focus: Sentence Modification

Deshandre Darnell Brister appeals from a judgment of conviction for two counts of failure to pay child support for more than 120 days, contrary to WIS. STAT. § 948.22(2) (2013-14). Brister also appeals from an order denying his postconviction motion. At issue is whether Brister is entitled to resentencing on grounds that the trial court relied on an improper factor at sentencing: Brister’s allegedly compelled and incriminating statement made in response to a question from the trial court. We conclude that even if Brister’s statement was compelled and incriminating, he is not entitled to relief because he has not demonstrated that the trial court actually relied on the statement at sentencing. Accordingly, we affirm the judgment and the order.

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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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