State v. Wiskerchen

The Supreme Court affirmed the decision of the court of appeals affirming the circuit court’s restitution order of $8,487.41 against Defendant for losses caused by his burglary of a residence, holding that the circuit court did not err in calculating the amount of restitution.On appeal, Defendant argued that the circuit court erred in alleging prior burglaries of the victim’s home in violation of Wis. Stat. 973.20. The Supreme Court disagreed, holding (1) there was no evidence presented at the restitution hearing to support a finding that the victim’s missing property was stolen on any other date than the date of the burglary considered at sentencing; and (2) the circuit court did not clearly err in finding that the victim met her burden in proving the amount of loss resulting from the crime considered at sentencing and in ordering restitution at $8,487.41. View "State v. Wiskerchen" on Justia Law