Sentencing Guidelines

By: WISCONSIN LAW JOURNAL STAFF//January 3, 2023//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Michael J. Leighton

Case No.: 2021AP000945-CR

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

Focus: Sentencing Guidelines

Michael Leighton appeals conviction of two felonies and one misdemeanor, and from an order denying his motion for resentencing or sentence modification. He contends that the circuit court relied upon an improper sentencing factor and that his sentences were unduly harsh.

Leighton cites no authority that would suggest a court cannot consider a defendant’s truthfulness as a proper sentencing factor related to character.

There is a presumption that a sentence “well within the limits of the maximum sentence” is not unduly harsh. The two years of initial confinement and three years of extended supervision imposed here were well within the twenty-two years of total imprisonment that the circuit court could have imposed.

Affirmed.

Decided 12/29/22

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