By: Derek Hawkins//September 23, 2020//
WI Court of Appeals – District IV
Case Name: State of Wisconsin v. Tory J. Agnew
Case No.: 2019AP1785-CR
Officials: Fitzpatrick, P.J., Graham, and Nashold, JJ.
Focus: Sentencing Guidelines – Extended Supervision
Tory J. Agnew pleaded no contest in the Dodge County Circuit Court to one count of operating a vehicle while intoxicated, causing injury, with a minor in the vehicle. See WIS. STAT. §§ 346.63(2)(a)1. and 346.65(3m) (2017-18). Agnew’s no contest plea included his admission that, because of a prior felony conviction, Agnew was a “repeater.” Agnew’s status as a repeater increased the amount of imprisonment that may be imposed by the circuit court for that offense. See WIS. STAT. § 939.62(1)(b); see also WIS. STAT. § 973.01(2)(c). The circuit court imposed a sentence of four years of imprisonment, consisting of three years of initial confinement and one year of extended supervision.
This appeal concerns how the circuit court may apply the repeater penalty enhancer as part of Agnew’s sentence. Agnew argues that his sentence was not lawful because the sentence exceeded the maximum lawful terms of initial confinement and extended supervision. We disagree and affirm the circuit court.