Waiver of Surcharge – Domestic Abuse Assessment

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

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Amanuel A. Ayele

Case No.: 2019AP432-CR

Officials: FITZPATRICK, P.J.

Focus: Waiver of Surcharge – Domestic Abuse Assessment

Amanuel Ayele appeals a judgment of conviction for battery, contrary to WIS. STAT. § 940.19(1), and orders of the circuit court denying his motions for postconviction relief and reconsideration. The judgment of conviction describes count 1 as “[WIS. STAT. §] 973.055(1) Domestic Abuse Assessments]” and as “Battery.” Postconviction, Ayele requested that the circuit court enter an amended judgment of conviction that omits the Domestic Abuse Assessment descriptor because the circuit court agreed at the plea and sentencing hearing to waive the surcharge that is mandatorily imposed under § 973.055(1). The circuit court denied Ayele’s motion, and also denied Ayele’s subsequent motion for reconsideration. I affirm.

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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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