State v. Taylor

2006 WI 22, 710 N.W.2d 466, 289 Wis. 2d 34, 2006 Wisc. LEXIS 23
CourtWisconsin Supreme Court
DecidedMarch 8, 2006
Docket2004AP1092-CR
StatusPublished
Cited by27 cases

This text of 2006 WI 22 (State v. Taylor) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Taylor, 2006 WI 22, 710 N.W.2d 466, 289 Wis. 2d 34, 2006 Wisc. LEXIS 23 (Wis. 2006).

Opinions

JON E WILCOX, J.

¶ 1. The defendant, Ger-maine M. Taylor (Taylor), seeks review of an unpublished decision of the court of appeals, which affirmed [38]*38Taylor's judgment of conviction for second-degree sexual assault of a child and an order of the Racine County Circuit Court, Allan B. Torhorst, Judge, deny-ifig his motion for postconviction relief.

¶ 2. Taylor contends the circuit court did not properly explain its reasoning behind the sentence imposed and the sentence itself is unduly harsh and excessive and should therefore be vacated. We disagree and conclude that under our well-established standards for reviewing the circuit court's exercise of its sentencing discretion, and in light of the individual facts and circumstances of this case, the circuit court exercised proper discretion in its sentence and in its refusal to modify that sentence. Accordingly, we affirm the court of appeals.

h-1

¶ 3. On April 29, 2002, the State filed a criminal complaint charging Taylor with second-degree sexual assault of a child, under Wis. Stat. § 948.02(2) (1999-2000).1 The complaint alleged that on or about September 2001, Taylor unlawfully and feloniously had sexual intercourse with the victim, S.R., who had not attained the age of sixteen years.2 The complaint arose when an employee of the Racine County Human Services Department informed the Racine Police Department that S.R. became pregnant by engaging in non-[39]*39forced sexual intercourse with Taylor. S.R. indicated that she had sexual intercourse with Taylor on two occasions in 2001.

¶ 4. Taylor met S.R. while he was living at the Transitional Living Apartment in Racine on probation for a previous conviction of second-degree sexual assault of a child. S.R. and a friend were visiting another resident of the facility, Maurice Smith (Smith). On a later date, the four met at Smith's sister's house and got into a vehicle. S.R. reported that she did not know where they were going, but they ended up in Green Bay at Smith's cousin's house. S.R. stated that she had sexual intercourse with Taylor after consuming wine and liquor. The two had sex again at Taylor's aunt's house. Taylor stated he believed S.R. was eighteen.

¶ 5. Second-degree sexual assault of a child was classified as a Class BC felony when the criminal complaint was filed. Wis. Stat. § 948.02(2). This offense subjected Taylor to a fine not to exceed $10,000 or imprisonment not to exceed 30 years, or both. Wis. Stat. § 939.50(3)(be).3 Additionally, Taylor was charged as a repeater under Wis. Stat. § 939.62, which increased his maximum imprisonment exposure to not more than 40 years, due to a previous conviction of second-degree sexual assault of a child.

[40]*40¶ 6. This previous conviction arose from an incident in February or March 1999 when Taylor had sexual intercourse with the victim, K.A.H., who had not obtained the age of sixteen years.4 This complaint, filed on October 21, 1999, arose when an employee of the Racine County Human Services Department informed the Racine Police Department that K.A.H. was pregnant and she had indicated that Taylor was the father. When Taylor was questioned by the police, he stated the following: (1) he was one of six boys having sex with the victim; (2) he and K.A.H. had engaged in consensual sexual intercourse with protection on two occasions at K.A.H.'s home a few days apart in early 1999; and (3) he was not the father of the child.5

¶ 7. Taylor entered a guilty plea on April 28, 2000, and the Racine County Circuit Court, Judge Emily Mueller presiding, entered judgment of conviction against Taylor on July 5, 2000. Judge Mueller withheld sentencing and Taylor was placed on a two-year period of probation. Sixty days of conditional jail time was given as a condition of probation; however, this time was stayed. Furthermore, he was ordered to have no sexual contact with anyone under the age of eighteen as a condition of his probation.

¶ 8. While on probation, Taylor's probation agent discovered that Taylor impregnated a seventeen-year-old girl, B.K., in September 2000. At the time, Taylor [41]*41told his agent that he did not believe he was in violation of his probation because he thought he was only prohibited from having sex with individuals who were sixteen years or younger. Taylor was placed in custody, and he served the 60-day sentence that had been initially stayed by the court.

¶ 9. In October 2001, Taylor failed to report to his probation agent and was in absconder status until he was taken into custody on June 19, 2002. Taylor was charged on this date with resisting or obstructing an officer under Wis. Stat. § 946.41(1).

¶ 10. During the period of time that he was gone from supervision, Taylor assaulted B.K. and damaged her motor vehicle. This assault led to a charge of criminal damage to property under Wis. Stat. § 943.01(1) filed on March 22, 2002.

¶ 11. Taylor's probation was revoked on August 9, 2002, for these and other probation violations, and he returned to court before Judge Mueller on September 3, 2002, for sentencing after revocation. Judge Mueller sentenced Taylor to an indeterminate five-year sentence.

¶ 12. In the current case, an information was filed on July 3, 2002. Taylor also waived his right to a preliminary hearing, and pled not guilty in open court before a court commissioner on the same date. On October 25, 2002, before Judge Allan B. Torhorst, Taylor changed his plea. Pursuant to a plea agreement, Taylor pleaded guilty to second-degree sexual assault of a child without the repeater enhancer. Additionally, the misdemeanor charges of criminal damage to property and resisting or obstructing an officer were dismissed but would be read-in for dispositional purposes at the time of sentencing. For the State's part, it recom[42]*42mended prison, but stood silent as to the amount of prison time. The court also ordered a presentence investigation report (PSI).6

¶ 13. On April 29, 2003, the court entered judgment of conviction and sentenced Taylor to a bifurcated sentence of 18 years, with 12 years of initial confinement and 6 years of extended supervision, consecutive to the 5-year sentence imposed by Judge Mueller. As part of the PSI, the Department of Corrections (DOC) recommended a sentence of 12 years with 6 years of initial confinement and 6 years of extended supervision, to be served consecutive to Judge Mueller's sentence.

¶ 14. Taylor filed a motion for postconviction relief on December 10, 2003, requesting that the court order resentencing for two reasons: (1) the court misunderstood the presentence recommendation;7 and (2) the sentence was unduly harsh.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Gillie Robinson
Court of Appeals of Wisconsin, 2025
State v. Spencer Brian Lewis
Court of Appeals of Wisconsin, 2024
State v. T. H., Jr.
Court of Appeals of Wisconsin, 2023
State v. Elijah D. Keene
Court of Appeals of Wisconsin, 2023
Andrew Waity v. Devin Lemahieu
2022 WI 6 (Wisconsin Supreme Court, 2022)
State v. Jonathan M. Kwiatkowski
Court of Appeals of Wisconsin, 2021
State v. David P. Mueller
Court of Appeals of Wisconsin, 2021
State v. Casey T. Wittmann
Court of Appeals of Wisconsin, 2020
State v. Simmons
2019 WI App 21 (Court of Appeals of Wisconsin, 2019)
State v. Shilts
2019 WI App 15 (Court of Appeals of Wisconsin, 2019)
State v. Vesper
2018 WI App 31 (Court of Appeals of Wisconsin, 2018)
State v. Leopoldo R. Salas Gayton
2016 WI 58 (Wisconsin Supreme Court, 2016)
State v. Mursal
2013 WI App 125 (Court of Appeals of Wisconsin, 2013)
State v. West
2011 WI 83 (Wisconsin Supreme Court, 2011)
State v. Kandutsch
2011 WI 78 (Wisconsin Supreme Court, 2011)
State v. Ninham
2011 WI 33 (Wisconsin Supreme Court, 2011)
State v. Young
2009 WI App 22 (Court of Appeals of Wisconsin, 2008)
State v. Walker
2008 WI 34 (Wisconsin Supreme Court, 2008)
State v. Hines
2007 WI App 39 (Court of Appeals of Wisconsin, 2007)
State v. Gee
2007 WI App 32 (Court of Appeals of Wisconsin, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
2006 WI 22, 710 N.W.2d 466, 289 Wis. 2d 34, 2006 Wisc. LEXIS 23, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-taylor-wis-2006.