By: Derek Hawkins//July 17, 2018//
WI Court of Appeals – District I
Case Name: State of Wisconsin v. Dion Lashay Byrd
Case No.: 2017AP1968-CR
Officials: Brennan, Brash and Dugan, JJ.
Focus: Sentencing Guidelines
Dion Lashay Byrd appeals from his judgment of conviction, entered on a jury’s verdict, for making a bomb threat, contrary to WIS. STAT. § 947.015 (2013-14). He also appeals the trial court’s order denying his postconviction motion for resentencing. Byrd asserts that the trial court based his sentence on improper factors: (1) a violation of Byrd’s constitutional right against self-incrimination that occurred during an exchange between Byrd and the court when Byrd exercised his right of allocution; and (2) the trial court’s disagreement with the statutory maximum penalty for this crime that was expressed during the sentencing hearings. We affirm.