Court: | Supreme Court of Wisconsin |
Facts: | McCleary forged a check, and got the maximum sentence. The trial court judge's clerk was a philosopy major, and there was all sorts of "nichey" talk. |
Posture: | Guilty at trial. |
Issue: | Is the sentence in question excessive and an abuse of discretion? |
Holding: | Yes. Sentence reduced. Time already served counts. |
Rule: | We can review trial court sentences. We give deference to the trial court, but we require a showing of discretion. The court must state its reasons. |
Reasoning: | Here, the sentence was within the limits, but no reason was given for the sentence imposed. Under the facts, it is excessive. |
Dicta: | Sentences need to be meaningful.
Concurring: abuse of discretion may be constitutional error. There should not be tough and soft judges. Dissent: actually, the defendant's attitude was pretty bad, and the court shouldn't be a super-legislature, determining the appropriateness of sentences. This was within the allowed limits, and it should stand. |