State v. Martinson

2019 WI App 15, 927 N.W.2d 153, 386 Wis. 2d 351
CourtCourt of Appeals of Wisconsin
DecidedFebruary 20, 2019
DocketAppeal No. 2017AP1889-CR
StatusPublished

This text of 2019 WI App 15 (State v. Martinson) 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. Martinson, 2019 WI App 15, 927 N.W.2d 153, 386 Wis. 2d 351 (Wis. Ct. App. 2019).

Opinion

HRUZ, J.

¶1 Ashlee Martinson appeals a judgment of conviction for two counts of second-degree intentional homicide, as well as an order denying her postconviction motion for resentencing. Martinson and the State entered into a plea agreement whereby the State agreed to amend charges of first-degree intentional homicide to those of second-degree intentional homicide based upon the mitigating circumstance of adequate provocation. Among other things, the adequate provocation defense is premised upon a "complete lack of self-control" on the defendant's part. See WIS. STAT. § 939.44(1)(a) (2015-16).1 Given this premise, Martinson argues the circuit court erroneously exercised its discretion at sentencing when it repeatedly stated that Martinson "had a choice" whether to kill the victims.

¶2 We reject Martinson's argument. We conclude that pursuant to the plain language of the relevant statutes, when the State stipulates to amend a first-degree intentional homicide charge to a second-degree offense based upon the mitigating circumstance of adequate provocation, it stipulates not to the fact that adequate provocation existed, but rather to its inability to prove beyond a reasonable doubt that facts supporting such a defense did not exist. Moreover, longstanding sentencing law permits a circuit court to reach its own conclusions about a defendant's character based upon the information before it. Because the record here contained information sufficient to support the sentencing court's comments regarding Martinson's volitional capacity to commit the murders, we affirm.

BACKGROUND

¶3 Martinson was charged in a criminal complaint with two counts of first-degree intentional homicide and three counts of false imprisonment. The State alleged that Martinson had killed her stepfather, Thomas Ayers, by shooting him in the head and neck, and that she had killed her mother, Jennifer Ayers, by stabbing her more than thirty times. After the murders, Martinson locked her three younger stepsisters in a bedroom.

¶4 The evidence at the preliminary hearing demonstrated that on March 6, 2015, which was Martinson's seventeenth birthday, she sent a Facebook message to her boyfriend. Martinson stated in the message that she was unhappy because her stepfather was beating her mother, and she said that she did not want to stay in the home. After Martinson expressed a desire to leave with her boyfriend, she said, "I fucking hate them, too. I want to kill him so fucking bad, just take one of his guns and blow his fucking brains out."

¶5 The following morning, Thomas and Jennifer discovered on the Internet that Martinson's boyfriend was twenty-two years old. Martinson's boyfriend then received a text message from one of the parents saying, "Stay the hell away from my daughter; she's a minor." Thomas confronted Martinson about her boyfriend's age, and ultimately Martinson's parents took away her cell phone and car keys. Martinson went to her bedroom, and Thomas went outside the house. When he later returned, Thomas asked one of Martinson's stepsisters where Martinson was, and he then went upstairs and started banging on Martinson's bedroom door.

¶6 One of Martinson's stepsisters, Ann, told police that she heard two gunshots after Thomas had ascended the stairs.2 She told police Jennifer then ran up the stairs to find out what happened. Ann followed Jennifer and saw Martinson on top of Jennifer, fighting with her. Martinson instructed Ann to go downstairs, and Ann did so. Ann told police that a bloodied Martinson came downstairs after a time and put on cartoons for the children. Martinson then took a shower and instructed all three children to go into one of the girls' bedrooms, where Martinson placed food and drink and then locked them inside. Both Thomas and Jennifer died from their wounds. Martinson was ultimately apprehended in Indiana while traveling with her boyfriend.

¶7 At her arraignment, Martinson entered pleas of not guilty and not guilty by reason of mental disease or defect (NGI) to each of the five counts. The circuit court appointed Dr. Brad Smith to prepare an evaluation regarding Martinson's NGI pleas. The defense retained its own expert, Dr. Sheryl Dolezal. Both experts diagnosed Martinson with post-traumatic stress disorder and major depressive disorder. Both experts also concluded that their findings did not support Martinson's NGI pleas, with Smith in particular opining that Martinson had substantial mental capacity both to "appreciate the wrongfulness of her actions" and "to conform her behavior to the requirements of the law" at the time of the offenses.

¶8 Martinson reached a plea agreement with the State, whereby she agreed to withdraw her NGI pleas and plead guilty to two counts of second-degree intentional homicide. Unlike first-degree intentional homicide, which is a Class A felony carrying a penalty of life imprisonment, see WIS. STAT. §§ 940.01(1)(a) and 939.50(3)(a), second-degree intentional homicide is a Class B felony with a sixty-year maximum term of imprisonment, see WIS. STAT. §§ 940.05(1) and 939.50(3)(b). The State agreed to file an amended Information reflecting the reduced severity of the intentional homicide charges and dismissing the false imprisonment counts.

¶9 Both first- and second-degree intentional homicide require proof that the defendant caused the death of another human being with the intent to kill that person. Compare WIS. STAT. § 940.01(1)(a)with WIS. STAT. § 940.05(1). However, the first-degree intentional homicide statute sets forth a number of mitigating circumstances that constitute affirmative defenses to the first-degree charge, and that, if sufficiently demonstrated by the trial evidence and not disproven by the State beyond a reasonable doubt, mitigate the offense to intentional homicide in the second degree. Sec. 940.01(2), (3). Among these defenses is "adequate provocation." See § 940.01(2)(a). As part of the plea agreement with Martinson, the State conceded that the homicides "were caused under the influence of adequate provocation as defined in [ WIS. STAT. § 939.44 ]."

¶10 The parties also agreed to a lengthy stipulation setting forth the factual basis for the pleas. In addition to setting forth troublesome facts regarding Martinson's relationship with her biological father, the stipulation described significant physical and verbal abuse Thomas inflicted upon Jennifer and upon Martinson's stepsisters, including beatings with belts and threats with loaded firearms. Martinson witnessed or was aware of the incidents of child abuse, and she stated her mother would sometimes also physically abuse the children. However, Martinson denied that Thomas had physically or sexually assaulted her, although she reported constant "mental and verbal abuse" from Thomas, usually involving her failure to comply with "strict house rules." Martinson also stated that Thomas was "fond of killing baby animals in front of [the animals'] parents, and he would instruct [Martinson] and her sisters to watch the reaction of the parent animals to the death[s]."

¶11 The stipulation continues that after Martinson's parents confronted her about her boyfriend's age, Martinson gathered some belongings and made her way on foot to a neighbor's residence. Thomas followed Martinson in his truck and ordered Martinson to come home with him. Martinson then went to her bedroom and armed herself with one of the many loaded shotguns in the house.

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Bluebook (online)
2019 WI App 15, 927 N.W.2d 153, 386 Wis. 2d 351, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-martinson-wisctapp-2019.