OWI – Sentencing Guidelines

By: Derek Hawkins//December 11, 2019//

Listen to this article

WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Alfonso C. Loayza

Case No.: 2018AP2066-CR

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

Focus: OWI – Sentencing Guidelines

Alfonso Loayza appeals a judgment of conviction for operating while intoxicated and an order denying his postconviction motion. We conclude that the State did not prove one of Loayza’s prior convictions, and therefore we reverse and remand for sentencing as a seventh offense.

As relevant to this appeal, Loayza pled guilty to operating while intoxicated (OWI). The circuit court determined that this was his eighth offense, and imposed a sentence of five years of initial confinement and five years of extended supervision. Loayza filed a postconviction motion arguing that the State failed to prove the existence of a prior OWI offense in California in 1990. The circuit court denied the motion, and Loayza appeals

Full Text

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.

Select Region or Brand

Upcoming Event