(DOWNLOAD) "State v. Smart" by Wisconsin Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: State v. Smart
- Author : Wisconsin Court of Appeals
- Release Date : January 27, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
1. Roland Smart appeals a judgment of conviction for operating while intoxicated, third offense, contrary to Wis. Stat. § 346.63(1)(a), and operating while intoxicated with a blood alcohol content greater than .1%, third offense, contrary to § 346.63(1)(b). He also appeals an order denying post-conviction relief. Smart contends Wisconsins drunk driving sentencing scheme, by allowing each judicial district to establish presumptive guidelines, violates due process and equal protection because it allows for different sentences of similarly situated offenders based solely on the jurisdiction where they were convicted. He also argues the court violated due process and equal protection by refusing to reduce his sentence in light of a reduction in the local guidelines after he committed the offense. Smart contends other courts subject to the local guidelines applied the lower sentence recommendation to persons arrested for drunk driving before the reduction. Neither the sentencing guidelines nor the courts application of them violate Smarts due process or equal protection rights. Therefore, we affirm the circuit courts judgment and order.
 "State v. Smart" by Wisconsin Court of Appeals " eBook PDF Kindle ePub Free){kind=link}