Abuse of Discretion – Resentencing

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Christopher W. LeBlanc

Case No.: 2020AP62-CR

Officials: Reilly, P.J., Gundrum and Davis, JJ.

Focus: Abuse of Discretion – Resentencing

A sentence under truth-in-sentencing (TIS) is a single sentence made up of two components: initial confinement (IC) and extended supervision (ES). State v. Volk, 2002 WI App 274, ¶28, 258 Wis. 2d 584, 654 N.W.2d 24. We conclude that if a sentencing court imposes an excessive term of IC or ES, a defendant is entitled to a new sentencing hearing as a matter of law unless the nonexcessive term of IC or ES is at the maximum, in which case the court has the discretion to commute the excessive component to the maximum term pursuant to WIS. STAT. § 973.13 (2019-20) without holding a new sentencing hearing.

Christopher W. LeBlanc appeals from a judgment convicting him of using a computer to facilitate a child sex crime, pursuant to WIS. STAT. § 948.075(1r), and from an order denying his postconviction motion for resentencing. LeBlanc raises two issues on appeal: (1) is a defendant entitled to resentencing when an excessive sentence has been imposed and (2) does a court erroneously exercise its sentencing discretion if it relies upon a defendant’s belief that consensual extramarital sex is not sinful as a punitive sentencing factor? LeBlanc is entitled to a new sentencing hearing, as his ES term was excessive but his IC term was less than the maximum allowed by law. As we are reversing on LeBlanc’s first issue and remanding for resentencing, we need not decide if the court actually relied on an improper factor.

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Derek A Hawkins is Corporate Counsel, at Salesforce.