Abuse of Discretion – Restitution

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WI Supreme Court

Case Name: State of Wisconsin v. Shawn T. Wiskerchen

Case No.: 2019 WI 1

Focus: Abuse of Discretion – Restitution

This is a review of an unpublished decision of the court of appeals affirming the circuit court’s restitution order of $8,487.41 against Shawn T. Wiskerchen for losses caused by his burglary of a neighbor’s residence. Wiskerchen argues that the circuit court erroneously exercised its discretion in calculating the amount of restitution. He argues that the circuit court improperly considered alleged prior burglaries of the victim’s home, contrary to Wis. Stat. § 973.20 (2015-16), which he contends limits restitution to losses resulting from a “crime considered at sentencing.” We reject his argument in part because Wiskerchen misreads what the circuit court decided, and also because no evidence was presented at the restitution hearing to support a finding that N.D.’s missing property was stolen on any date other than May 8, which was the burglary considered at sentencing.

First, we conclude that the plain language of Wis. Stat. § 973.20 authorized the circuit court to order restitution to the victim in this case. Second, we conclude that the circuit court’s finding that the victim met her burden in proving the amount of loss resulting from a crime considered at sentencing was not clearly erroneous. The circuit court therefore did not erroneously exercise its discretion in ordering restitution of $8,487.41.

Accordingly, we affirm the court of appeals.

Affirmed

Concur: A.W. BRADLEY, J., concurs, joined by ABRAHAMSON, J. (opinion filed). R.G. BRADLEY, J., concurs (opinion filed).

Dissent:

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.