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Abuse of Discretion – Sentencing

By: Derek Hawkins//December 17, 2019//

Abuse of Discretion – Sentencing

By: Derek Hawkins//December 17, 2019//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Shawn A. Anderson

Case No.: 2019AP173-CR

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Abuse of Discretion – Sentencing

Shawn Anderson appeals a judgment convicting him of second-degree sexual assault of a child and an order denying, in part, his motion for postconviction relief. Anderson’s sole argument on appeal is that the circuit court erroneously exercised its discretion by ordering him placed on lifetime supervision as a serious sex offender, pursuant to WIS. STAT. § 939.615 (2017-18).  As relevant here, § 939.615(2)(a) provides that a court may place an offender on lifetime supervision if it determines lifetime supervision “is necessary to protect the public.” Anderson argues the circuit court failed to expressly make this determination on the record during the sentencing hearing and failed to explain why placing him on lifetime supervision was necessary to protect the public. He further asserts that a court’s explanation for its decision to place an offender on lifetime supervision must be separate and distinct from the court’s remarks explaining the length of the offender’s sentence.

We agree with Anderson that, ideally, the circuit court in this case would have provided a separate explanation for its decision to place Anderson on lifetime supervision, distinct from the court’s remarks regarding the length of his sentence. On the record before us, however, we cannot conclude that the court erroneously exercised its discretion by failing to do so. The court’s sentencing remarks, when considered in their totality, show that the court properly exercised its discretion by ordering Anderson placed on lifetime supervision based on the court’s findings regarding the need to protect the public. Moreover, the court’s postconviction decision adequately explained the link between the court’s sentencing remarks and its decision to place Anderson on lifetime supervision. We therefore 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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