Sentence Modification-Speedy Trial

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Jermichael J. Carroll

Case No.: 2022AP001209-CR

Officials: White, C.J., Donald, P.J., and Dugan, J.

Focus: Sentence Modification-Speedy Trial

Carroll appeals his judgment of conviction for first-degree reckless homicide with the use of a dangerous weapon, attempted armed robbery, and possession of a firearm by a felon. He also appeals the order denying his postconviction motion. Carroll argues that there was insufficient evidence to support his convictions, and that he was denied his right to a speedy trial. He also argues that he is entitled to sentence modification on the grounds that his sentence is unduly harsh or unconscionable. The proper legal standards for sentencing were applied, based on the appeals court’s review of the sentencing transcript which contained a very thorough discussion of the sentencing objectives and factors considered by the trial court. As for the speedy trial argument, in this case, there were numerous adjournments that required the trial to be rescheduled, both before and after Carroll asserted his speedy trial rights, with several of the adjournments requested by Carroll. Furthermore, when Carroll did assert his right and the State had to adjourn the following trial date, he was released on a personal recognizance bond, in accordance with the speedy trial statute.

Affirmed.

Decided 08/01/23

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