State v. VillamilAnnotate this Case
Appellant pleaded no contest to operating after revocation, causing death, contrary to Wis. Stat. 343.44(1)(b) and (2)(ar)4. After a hearing, the sentencing court sentenced Appellant to the maximum sentence of six years. Appellant filed a postconviction motion, arguing that section 343.44(2)(ar)4 is ambiguous and unconstitutional. The court of appeals affirmed but remanded the case to the circuit court for resentencing. The Supreme Court affirmed and remanded to the circuit court for a new sentencing hearing, holding (1) any ambiguity in the statutory scheme is clarified by the statutes’ legislative history; (2) the statutory scheme does not violate Defendant’s rights to either due process or equal protection; and (3) section 343.44(2)(b) is mandatory, and the record failed to demonstrate that the circuit court considered the required factors enumerated in the statute.