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2011AP1-CR State v. Przybylski
Sentencing Discretion Dustin Przybylski seeks resentencing on his conviction for operating a motor vehicle while under the influence of an intoxicant or other drug, fourth offense, contrary to Wis. Stat. § 346.63(1)(am). Przybylski claims that the circuit court did not fairly consider the recommendation of the prosecutor and the defense counsel that his sentence be […]
10-2748 U.S. v. Garcia-Oliveros
Sentencing Discretion Where the sentencing court did not address any mitigation factors offered by the defendant, the sentence is vacated. “We have recognized that the need for explanation typically is diminished when a sentence falls within the guidelines range, United States v. Curby, 595 F.3d 794, 797 (7th Cir. 2010); United States v. Harris, 567 […]
10-2343 U.S. v. Snodgrass
Sentencing Discretion Where the judge gave a thorough written explanation for the sentence, the sentence is affirmed, even though the oral remarks at the sentencing hearing were inadequate. “We caution, however, that name-calling is not a substitute for reasoned analysis. Regardless of the heinous nature of the crime, every defendant is entitled to a reasoned […]
2010AP189-CR State v. Hines
Sentencing Discretion Greg Tyrone Hines appeals from a judgment of conviction, entered upon his guilty plea, on one count of first-degree sexual assault of a child. Hines also appeals from an order denying his motion for resentencing. Hines contends the circuit court erroneously exercised its sentencing discretion by failing to consider mitigating factors and his […]
2010AP669-CR State v. Murphy
Sentencing Discretion Anthony Murphy, a/k/a Andrew Morris, appeals pro se from an order that denied his motion for resentencing. He claims that his twenty-year sentence for aggravated battery while armed with a dangerous weapon is excessive because it exceeds the statutory presumptive minimum term. He further claims that the circuit court erred by failing to […]
2009AP2910-CR State v. Thomas
Sentencing Discretion Theus H. Thomas appeals from the judgment of conviction entered against him and the order denying his motion for postconviction relief. Thomas argues that the circuit court did not properly exercise its sentencing discretion when it sentenced him. We disagree and affirm the judgment and order. This opinion will not be published. 2009AP2910-CR […]
2009AP2250-CR State v. Applings
Sentencing Discretion Nathan N. Applings appeals from the judgment of conviction and from the order denying postconviction relief entered in Milwaukee County circuit court case No. 2008CF2979. He also purports to challenge reconfinement orders entered in Milwaukee County circuit court case No. 2003CF6880. We reject Applings’s challenges to the circuit court’s exercise of sentencing dis[...]
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