Sentencing Guidelines.

Byline: Derek Hawkins

WI Court of Appeals District I

Case Name: State of Wisconsin v. Charles L. Neill, IV

Case No.: 2018AP75-CR

Officials: Kessler, P.J., Brennan and Brash, JJ.

Focus: Sentencing Guidelines

Charles L. Neill, IV, appeals from his judgment of conviction and an order denying his motion for postconviction relief relating to his conviction for operating a motor vehicle while under the influence of an intoxicant (OWI) as a third offense. Two penalty enhancers applied to Neill's offense: (1) committing this crime while driving with a minor under the age of sixteen in the vehicle, pursuant to WIS. STAT. 346.65(2)(f)2. (2015-16); and (2) committing this crime with a blood alcohol concentration of 0.25 or above, pursuant to WIS. STAT. 346.65(2)(g)3.

Neill argues that at sentencing, the trial court incorrectly interpreted that statute and thus erred in calculating the minimum fine after taking the penalty enhancers into consideration. Therefore, he requests a sentence modification reducing the fine that was imposed by the trial court. The State argues that although the statute is ambiguous regarding how to calculate the minimum fine when both penalty enhancers apply, the trial court properly interpreted the statute and assessed the correct minimum...