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Abuse of Discretion – Sentencing Guidelines

By: Derek Hawkins//January 20, 2022//

Abuse of Discretion – Sentencing Guidelines

By: Derek Hawkins//January 20, 2022//

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Randy L. Bolstad

Case No.: 2021AP49-CR

Officials: Blanchard, P.J., Kloppenburg, and Graham, JJ.

Focus: Abuse of Discretion – Sentencing Guidelines

The circuit court sentenced Randy Bolstad, after revocation of his probation, to five years of initial confinement and two years of extended supervision for attempted robbery with threat of force. Bolstad argues that the circuit court erroneously exercised its discretion at sentencing by failing to consider the gravity of the underlying offense for which he received the probation disposition. We agree and, therefore, reverse and remand to the circuit court for resentencing.

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Derek A Hawkins is Corporate Counsel, at Salesforce.

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