Sentencing Guidelines

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Elijah D. Keene

Case No.: 2021AP002075-CR

Officials: Brash, C.J., Dugan and White, JJ.

Focus: Sentencing Guidelines

Keene appeals a judgment convicting him of three counts of repeated sexual assault of a child (different victims). He also appeals an order denying his motion for postconviction relief. Keene argues that the circuit court erroneously exercised its sentencing discretion when it imposed an aggregate prison term of eighteen years of initial confinement and ten years of extended supervision.

Sentencing decisions are committed to the circuit court’s discretion. State v. Gallion, 2004 WI 42, ¶17, 270 Wis. 2d 535, 678 N.W.2d 197. A circuit court properly exercises its discretion when its decision shows a process of reasoning that is based on the facts of record and proper legal standards. Id., ¶19. The sentencing decision shows that the circuit court considered Keene’s need for treatment as only one in a series of factors that influenced the sentence it imposed.

Affirmed.

Decided 06/20/23

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