State v. Jackson

2012 WI App 76, 819 N.W.2d 288, 343 Wis. 2d 602, 2012 WL 2345036, 2012 Wisc. App. LEXIS 501
CourtCourt of Appeals of Wisconsin
DecidedJune 21, 2012
DocketNo. 2010AP2689-CR
StatusPublished
Cited by6 cases

This text of 2012 WI App 76 (State v. Jackson) is published on Counsel Stack Legal Research, covering Court of Appeals of Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Jackson, 2012 WI App 76, 819 N.W.2d 288, 343 Wis. 2d 602, 2012 WL 2345036, 2012 Wisc. App. LEXIS 501 (Wis. Ct. App. 2012).

Opinion

HIGGINBOTHAM, J.

¶ 1. Willie H. Jackson appeals a second-amended judgment and an order of the circuit court requiring Jackson to comply with the sex-offender reporting requirements, pursuant to Wis. Stat. § 973.048(lm) (2003-04).1 Section 973.048(lm) authorizes the circuit court to require that a person convicted of specified crimes, including crimes enumer[605]*605ated in Wis. Stat. ch. 940, register as a sex offender "if the court determines that the underlying conduct was sexually motivated as defined in s. 980.01(5)" and if registration would be in the interest of public protection. Jackson was convicted based on no contest pleas to charges of false imprisonment, intimidation of a witness, and battery-domestic abuse, all of which are crimes enumerated in ch. 940 and therefore fall within the category of crimes specified under § 973.048(lm), for an incident that occurred on November 19, 2005, involving a woman with whom he was then living. Jackson argues that the court erred when it determined that the conduct underlying his ch. 940 convictions was sexually motivated. For the reasons set forth below, we agree and reverse and remand for the circuit court to amend the judgment of conviction removing sex-offender registration as a requirement.

BACKGROUND

¶ 2. The State filed an information charging Jackson with seven crimes, five of which allegedly occurred on November 19, 2005, and two that allegedly occurred on November 22, 2005. Pursuant to a plea agreement, Jackson pled no contest to four of the five charged offenses that allegedly occurred on November 19, including: intimidation of a witness (contrary to Wis. Stat. § 940.45(1)), false imprisonment (contrary to Wis. Stat. § 940.30), battery-domestic abuse (contrary to Wis. Stat. §§ 940.19(1), 968.075), and taking and operating a motor vehicle without the owner's consent (contrary to Wis. Stat. § 943.23(2)), all as a repeat offender. One count of robbery was dismissed and read-in for sentencing purposes. In addition, as part of the plea agreement, the two charges related to the events that occurred on November 22, 2005, were dismissed and read-in for sentencing [606]*606purposes, including second-degree sexual assault (contrary to Wis. Stat. § 940.225(a)(1)) and battery-domestic abuse (contrary to §§ 940.19(1), 968.075), all as a repeat offender. All of the charges related to the same victim. Jackson agreed that the court could use the complaint, information and evidence presented at the preliminary hearing as a factual basis for the no-contest pleas.

¶ 3. The court accepted the pleas and ordered a presentence investigation report (PSI). The PSI writer did not recommend sex-offender registration and the State did not ask the court at the sentencing hearing to order Jackson to register as a sex offender. The circuit court did not discuss whether it was appropriate to order Jackson to register as a sex offender during sentencing, and the court did not impose sex-offender registration as a condition of extended supervision. The judgment of conviction2 did not include the requirement that Jackson register as a sex offender. The court sentenced Jackson to a total of four years of confinement and four years of extended supervision in a combination of consecutive and concurrent sentences.

¶ 4. After Jackson had completed the confinement portion of his sentence, the Department of Corrections, through its Division of Probation and Parole, requested that the circuit court conduct a sentence review hearing to determine whether Jackson should be required to register as a sex offender pursuant to Wis. Stat. §§ 973.048(lm) and 301.45. The circuit court granted the department's request. At the review hearing, the State argued, among other things, that the conduct underlying the convictions must be considered sexually motivated because only a few hours after [607]*607Jackson had tied up his victim on November 22, 2005, he forced her to have oral, vaginal, and anal sex. The State also argued that Jackson's conduct fell within the humiliation element of the statute. In making this argument, the State incorrectly relied on the recently amended Wis. Stat. § 980.01(5) (2009-10). Unlike the amended statute, § 980.01(5) (2003-04), the statute in effect at the time Jackson committed and was convicted of the subject crimes, did not include the newly added element: "for the sexual humiliation or degradation" of the victim. We therefore discuss only the 2003-04 version of the statute. See infra ¶ 10.

¶ 5. The court granted the State's motion. It then amended the judgment of conviction, and ordered Jackson to register as a sex offender pursuant to Wis. Stat. § 973.048(lm).

¶ 6. Jackson sought postconviction relief from the amended judgment. The circuit court denied the motion, explaining:

It was a relationship of violence between these two individuals and that the 940 offenses that took place technically on the 19th of the month and the sexual assault which was dismissed and read-in on the 22nd of the month was part of an ongoing incident.
And it was really part and parcel of the relationship that Mr. Jackson had with the victim in the case, one of violence and one of control, one of intimidation, and certainly what occurred on the 19th provided the groundwork, if you will.
And as I indicated at the time that the Court ordered that it was sexually motivated offenses, that you can't put blinders on, you can't put walls up [608]*608between what occurred on the 19th and what occurred on the 22nd, and it laid the groundwork for what did occur on the 22nd.
And in the Court's judgment, the intimidation of the victim, the false imprisonment of the victim was sexually motivated.
It resulted in a sexual assault that involved violence, intimidation, and aspects of false imprisonment, as well.

Jackson appeals. Additional facts, as necessary, are set forth in the discussion section.

DISCUSSION

¶ 7. The issue on appeal is whether, under the facts of this case, it was proper for the circuit court to order Jackson to register as a sex offender for the crimes for which he was convicted — false imprisonment, intimidation of a witness, and battery-domestic abuse — all of which were committed on November 19, 2005. These crimes fall within the enumerated offenses for which a court may order sex-offender registration in the exercise of its sentencing discretion. See Wis. Stat. § 973.048(lm). We review a circuit court's sentencing decision for an erroneous exercise of discretion, State v. Gallion,

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Cite This Page — Counsel Stack

Bluebook (online)
2012 WI App 76, 819 N.W.2d 288, 343 Wis. 2d 602, 2012 WL 2345036, 2012 Wisc. App. LEXIS 501, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jackson-wisctapp-2012.