8th Amendment Violation

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Michael L. Winfield

Case No.: 2018AP817-CR; 2018AP818-CR

Officials: Brash, P.J., Kessler and Dugan, JJ.

Focus: 8^th Amendment Violation

Michael L. Winfield appeals judgments entered after he pled guilty to four felonies: second-degree recklessly endangering safety, operating a vehicle without the owner’s consent, fleeing an officer, and burglary as a party to a crime. He also appeals orders denying his motions for postconviction relief from his aggregate sentence of sixteen and one-half years of imprisonment. The circuit court concluded that Winfield did not demonstrate either the existence of a new factor or that he was sentenced on the basis of inaccurate information. The circuit court therefore denied his postconviction motions without a hearing. We agree with the circuit court, and we additionally conclude that Winfield fails to show on appeal that his aggregate sentence violates the prohibition against cruel and unusual punishment contained in the Eighth Amendment of the United States Constitution. We 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.