Abuse of Discretion – Extended Supervision

By: Derek Hawkins//March 2, 2022//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Peter G. Hamilton

Case No.: 2021AP52-CR

Officials: Kloppenburg, Fitzpatrick, and Nashold, JJ.

Focus: Abuse of Discretion – Extended Supervision

Peter Hamilton was convicted in the Columbia County Circuit Court of operating a vehicle without the owner’s consent, and the circuit court placed him on probation for that offense. After Hamilton’s probation was revoked, the court sentenced him to one and one-half years of initial confinement followed by two years of extended supervision. Hamilton argues that the circuit court erroneously exercised its discretion at sentencing by failing to consider the gravity of the underlying offense for which he was convicted. We agree and, therefore, reverse and remand this matter to the circuit court for resentencing.

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Derek A Hawkins is Corporate Counsel, at Salesforce.

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