Abuse of Discretion Sentencing Guidelines.

Byline: Derek Hawkins

WI Court of Appeals District III

Case Name: State of Wisconsin v. Kenneth L. Risch

Case No.: 2019AP2027-CR

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

Focus: Abuse of Discretion Sentencing Guidelines

Kenneth Risch appeals a judgment convicting him of second-degree sexual assault of a child, as a repeater, and an order denying his motion for postconviction relief. After revocation of his probation, Risch was sentenced to five years' initial confinement and seven years' extended supervision. On appeal, Risch argues the circuit court erroneously exercised its discretion when imposing that sentence because it relied on improper factorsspecifically, compelled statements that Risch made to his probation agent and a treatment provider, as well as information derived from those compelled statements. Risch also argues his trial attorney was ineffective by failing to object to the court's consideration of the compelled statements and derivative information.

We conclude Risch has failed to establish that the circuit court...