No decisions were released.

• Criminal Law/ Child Support/ Defenses/ Reversal
  
  State v. Gessner
  Docket: 2008AP000574 10-21-08
  

  PER CURIAM. Glenn Gessner appeals a judgment of conviction from jury verdicts on two counts of failure to pay child support for more than 120 days, contrary to WIS. STAT. § 948.22(2), and one count of failure to pay child support for less than 120 days, contrary to § 948.22(3). Gessner requests that we exercise our discretionary power of reversal under WIS. STAT. § 752.35 because justice has miscarried. Specifically, he contends the uncontroverted evidence demonstrated he was unable to pay child support. We reject Gessner's argument and affirm the judgment.
• Criminal Law/ Evidence/ Evidence Ruling/ Sentencing/ Miranda Rights/ Pleas/ Sentencing Modification/ New Factor
  
  State v. Hillebrand
  Docket: 2007AP001921 10-23-08
  State v. Hillebrand
  Docket: 2007AP001922 10-23-08
  

  PER CURIAM. Jeffrey Hillebrand appeals from judgments convicting him on six felony counts, all involving sexual activity with children. He also appeals from an order denying his motion for postconviction relief. The issues are whether the trial court erred by denying his motion to suppress inculpatory statements he gave police, and by denying his motion for a reduced sentence. We affirm.
• Criminal Law/ Evidence/ Evidence Ruling/ Waiver Of Rights
  
  State v. McKoy
  Docket: 2007AP001384 10-21-08
  

  PER CURIAM. After his pretrial motion to suppress evidence was denied, William George McKoy pled guilty to possessing more than forty grams of cocaine and more than 10,000 grams of marijuana with the intent to deliver both drugs. The circuit court imposed consecutive sentences on McKoy that totaled a minimum of seven years in initial confinement and a maximum of seven years on extended supervision. McKoy appeals pro se from the circuit court's denial of his suppression motion. Because we conclude that the circuit court's findings of fact are not clearly erroneous and support the suppression decision, we affirm the judgment of conviction.
• Criminal Law/ Evidence/ Intent
  
  State v. Anderson
  Docket: 2007AP002586 10-21-08
  

  PER CURIAM. Anthony Dwayne Anderson appeals from a corrected judgment of conviction for robbery, armed robbery, and burglary, the latter two offenses as a party to the crime, and from an order denying his postconviction motion. The issue is whether there was sufficient evidence to prove that Anderson had the intent to steal when he entered the victims' apartment to support the jury's guilty verdict against him for burglary. We conclude that there was sufficient circumstantial evidence and reasonable inferences from the totality of that evidence to prove Anderson's intent to steal when he entered the victims' apartment to support the jury's guilty verdict for burglary. Therefore, we affirm.
• Criminal Law/ Identity Theft/ Sentencing/ Sentencing Modification/ Judicial Authority-Discretion/ Ineffective Assistance Of Counsel/ New Factor
  
  State v. Barber
  Docket: 2007AP001601 10-21-08
  

  PER CURIAM. Leigh J. Barber appeals from a judgment of conviction for three counts of misappropriating personal identifying information ("identity theft"), and from a postconviction order summarily denying her motion for resentencing. The issues are whether the trial court: (1) actually relied on inaccurate information in sentencing Barber and if so, whether Barber's trial counsel was ineffective for failing to object to or attempt to correct the inaccuracies in the prosecutor's sentencing presentation; (2) erroneously exercised its discretion by failing to explain the reasons for the sentence; or (3) should consider correction of the false information a new factor warranting sentence modification. We conclude that: (1) insofar as the trial court was presented with any inaccuracies in the sentencing presentation, there was no actual reliance because it did not affect the sentence it imposed, consequently, there was no prejudice to maintain an ineffective assistance claim against trial counsel; (2) the trial court properly exercised its sentencing discretion; and (3) correction of any inaccuracies does not constitute a new factor warranting sentence modification because the facts that require correction were not highly relevant to sentencing, nor did they frustrate the purpose of the original sentence. Therefore, we affirm.
• Criminal Law/ Ineffective Assistance Of Counsel/ Constitutional Law/ Evidence
  
  State v. Welch
  Docket: 2007AP001914 10-21-08
  

  CURLEY, P.J. Andre D. Welch, pro se, appeals from the order denying his WIS. STAT. § 974.06 postconviction motion. Welch contends that his postconviction attorney was ineffective for failing to raise the ineffectiveness of his trial attorney when: (1) his trial attorney never raised Welch's constitutional right to notice when the State filed an amended information in Welch's absence and without, apparently, first seeking leave of the court; (2) his trial attorney did not object to the use of hearsay evidence at trial; and (3) his trial attorney failed to interview and call additional witnesses at trial.
• Criminal Law/ Ineffective Assistance Of Counsel/ Evidence/ Evidence Ruling/ Jury Instructions/ Right To Fair Trial
  
  State v. Napier
  Docket: 2007AP001427 10-23-08
  

  PER CURIAM. Ben Napier appeals a judgment convicting him of first-degree intentional homicide, with use of a dangerous weapon, armed robbery and felon in possession of a firearm, all as an habitual criminal. He also appeals an order denying his motion for postconviction relief. He argues that: (1) he received ineffective assistance of trial counsel; (2) the circuit court erred in failing to suppress statements he made to the police, failing to instruct the jury on the defense of coercion, and failing to instruct on the lesser-included offense of felony murder; (3) he was denied his right to a fair trial; and (4) the State improperly failed to turn over to him notes taken by Detective Robert Hale. We affirm.
• Criminal Law/ Plea Withdrawal/ Probation Revocation
  
  State v. Welch
  Docket: 2007AP002803 10-21-08
  

  PER CURIAM. Derek Welch appeals orders denying his motions for plea withdrawal following the revocation of his probation. Welch argues the circuit court erred by denying his motions on grounds of recantation testimony. We reject Welch's arguments and affirm the orders.
• Criminal Law/ Sentencing/ Statutes/ Sentencing Guidelines/ Pleas/ Rulings/ Ineffective Assistance Of Counsel/ Restitution/ Judicial Authority-Discretion
  
  Statge v. Kaprelian
  Docket: 2008AP001128 10-22-08
  Recommended for Publication
  

  BROWN, C.J. In State v. Grady, 2007 WI 81, ¶¶2-3, 302 Wis. 2d 80, 734 N.W.2d 364, clarified on reconsideration, 2007 WI 125, 305 Wis. 2d 65, 739 N.W.2d 488, our supreme court construed WIS. STAT. § 973.017(2)(a) (2005-06) to require circuit courts to show that they "actually considered" sentencing guidelines adopted by the sentencing commission under § 973.017(2)(a). This statute remains on the books even though the legislature no longer funds a sentencing commission, the commission is defunct, its offices are closed and neither it, nor any agency, collects and analyzes the sentencing guidelines worksheets anymore. As a result of the commission's demise, circuit court judges have, with good reason, ignored sentencing guidelines that long ago ceased to be based on any up-to-the-moment data showing sentencing ranges throughout the state. Rather, circuit court judges have, in many instances, developed their own thorough list of factors that they weigh.
• Employment Law/ Arbitration/ Contracts/ Timeliness
  
  Baldwin-Woodville School District v. West Central Education
  Docket: 2008AP000519 10-21-08
  

  PER CURIAM. Baldwin-Woodville Area School District appeals an order denying its motion to vacate an arbitration award. The District challenges an arbitrator's conclusion that Christine Johnson, a teacher represented by the West Central Education Association-Baldwin Woodville Unit, filed a timely grievance for back pay. We agree the grievance was untimely and reverse the circuit court's order. On remand, we direct the court to vacate the arbitration award.
• OWI/ Evidence/ Reasonable Suspicion/ Constitutional Law-Due Process
  
  State v. Wolf
  Docket: 2008AP000451 10-21-08
  

  PETERSON, J. Daniel Wolf appeals a judgment of conviction for operating a vehicle while intoxicated, fourth offense. Wolf contends the circuit court erroneously denied his motion to dismiss based on the State's failure to preserve exculpatory evidence. We disagree and affirm.
• OWI/ Probable Cause/ Arrest/ Evidence
  
  County of Grant v. Wicka
  Docket: 2008AP000696 10-23-08
  

  LUNDSTEN, J. Grant County appeals the circuit court's order dismissing Mark Wicka's citation for operating under the influence of an intoxicant (first offense). Wicka was the driver in a one-vehicle rollover accident. He was arrested at the scene of the accident. The County challenges the circuit court's suppression ruling that the officer lacked probable cause for the arrest. We affirm the order.
• OWI/ Procedure/ Evidence/ Neutrality/ Judicial Authority-Discretion
  
  State v. McCarty
  Docket: 2008AP000529 10-21-08
  

  HOOVER, P.J. Wayne McCarty appeals a judgment of conviction for operating while intoxicated, first offense. McCarty contends the trial court improperly abandoned its neutrality when questioning a witness outside the presence of the jury. We disagree and affirm the judgment.
• OWI/ Traffic Stops/ Custody/ Miranda Rights/ Evidence
  
  State v. Pierson
  Docket: 2007AP001731 10-22-08
  State v. Pierson
  Docket: 2007AP001732 10-22-08
  

  PER CURIAM. Steven R. Pierson has appealed from judgments convicting him upon guilty pleas of operating a motor vehicle while intoxicated (OWI), fifth or greater offense, and felony bail jumping. The OWI conviction was based on Pierson's act of driving himself while intoxicated to the Walworth County courthouse for an appearance in another case on May 8, 2006. The bail jumping conviction was based on his violation of the conditions of a bond signed by him on April 22, 2006, which prohibited him from consuming alcohol, operating a motor vehicle with any alcohol in his system, or committing a new crime.