Plea & Sentencing – Sentence Modification

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Ryan M. Swadner

Case No.: 2020AP1164-CR

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

Focus: Plea & Sentencing – Sentence Modification

Ryan Swadner appeals a judgment, entered upon his no-contest pleas, convicting him of three counts of homicide by operation of a vehicle with a detectable amount of a restricted controlled substance, contrary to WIS. STAT. § 940.09(1)(am) (2019-20), and one count of injury by operation of a vehicle with a detectable amount of a restricted controlled substance, contrary to WIS. STAT. § 346.63(2)(a)3. Swadner also appeals an order denying his motion for postconviction relief. He argues the circuit court erroneously exercised its sentencing discretion by viewing him as more culpable based on an incorrect conclusion that he was impaired by [tetrahydrocannabinol (“THC”)] at the time of the vehicle crash, and by discounting Swadner’s youth. Swadner argues, alternatively, that new factors justify sentence modification. We reject Swadner’s arguments and affirm the judgment and order.

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Derek A Hawkins is Corporate Counsel, at Salesforce.