Court Error – Restitution

By: Derek Hawkins//February 20, 2019//

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Francis E. Rychtik, Sr.

Case No.: 2018AP492-CR

Officials: Lundsten, P.J., Blanchard and Fitzpatrick, JJ.

Focus: Court Error – Restitution

Francis Rychtik, Sr., appeals a circuit court order of restitution arising out of his conviction for one count of homicide by intoxicated use of a vehicle and one count of injury by intoxicated use of a vehicle. Rychtik argues that the circuit court erred in determining that both the wife and mother of his victim were eligible for restitution. Rychtik also challenges the amount of restitution awarded. We conclude that the circuit court properly determined that the women were eligible for restitution. However, we also agree with the State’s concession that the circuit court erred by including in its calculation of the amount of restitution the bereavement leave of the victim’s wife. We therefore affirm in part, reverse in part, and remand with directions.

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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.

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