COURT OF APPEALS DECISION DATED AND FILED February 23, 2011 A.
John Voelker Acting Clerk of Court of Appeals |
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NOTICE |
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This opinion is subject to further editing. If published, the official version will appear in the bound volume of the Official Reports. A party may file with the Supreme Court a petition to review an adverse decision by the Court of Appeals. See Wis. Stat. § 808.10 and Rule 809.62. |
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Appeal No. |
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STATE OF WISCONSIN |
IN COURT OF APPEALS |
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DISTRICT I |
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State of Plaintiff-Respondent, v. James Earl Louis, Defendant-Appellant. |
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APPEAL
from a judgment and an order of the circuit court for
Before Curley, P.J., Fine and Brennan, JJ.
¶1 PER CURIAM. James Earl Louis appeals from a judgment convicting him of three counts of first-degree sexual assault of a child. See Wis. Stat. § 948.02(1)(e). He also appeals an order denying his motion for postconviction relief. He argues that the circuit court misused its sentencing discretion. We affirm.
¶2 Louis was charged with four counts of sexual assault, two
against his girlfriend’s sons, who were seven and ten when the assaults
occurred, one against his nephew, who was ten when Louis assaulted him, and one
against his niece, who was between twelve and fifteen when she was assaulted. Pursuant
to a plea bargain, Louis pled guilty to the three counts of sexual assault
against the three boys, and the charge stemming from the assault on his niece
was dropped. The circuit court imposed
consecutive terms on each count of twenty-five years of initial confinement and
six-and-one-half years of extended supervision, for a total of seventy-five
years of initial confinement and nineteen-and-a-half years of extended
supervision.
¶3 Our standard of review is well settled. Sentencing lies within the circuit court’s
discretion, and appellate review is limited to considering whether discretion
was erroneously exercised. State
v. Gallion, 2004 WI 42, ¶17, 270
¶4 Pointing out that he will not be released from the initial confinement portion of the sentence until he is 113, Louis argues that the circuit court failed to adequately explain why a confinement term that exceeds his life expectancy is necessary to satisfy the circuit court’s sentencing objectives. We disagree.
¶5 The circuit court began its sentencing comments by noting that these were very serious charges, eclipsed only by homicide in severity. The circuit court placed heavy emphasis on the fact that Louis presented a grave risk to the community, in particular children, and explained that a very lengthy period of confinement was “absolutely necessary to protect the public.” The circuit court discussed in detail the devastating impact the assaults had on the children, destroying the children’s sense of safety and trust, stigmatizing them, harming their families, and causing one of the children to have a severe problem with aggression that has caused him problems at school and in the community. The circuit court decided that the damaging effect the assaults had on the victims called for a very serious penalty, and that each sentence needed to be served consecutively because each crime, and each victim, were separate.
¶6 The circuit court’s sentencing comments show that its primary
sentencing objectives were to protect the public from Louis and to punish Louis
for the grave harm he caused each child.
The circuit court’s sentence accomplishes those objectives by keeping
Louis confined so that he is unable to assault other children and by providing
separate terms for the crimes he committed against each child. The circuit court did not have an obligation to
state exactly why the objectives it considered translated into a specific
number of years of imprisonment. See State v. Fisher, 2005 WI App 175, ¶¶21-22, 285
¶7 Louis next argues that the sentence was unduly harsh and
excessive. “A sentence is unduly harsh
when it is ‘so excessive and unusual and so disproportionate to the offense
committed as to shock public sentiment and violate the judgment of reasonable
people concerning what is right and proper under the circumstances.’” State v. Prineas, 2009 WI App
28, ¶29, 316
By the Court.—Judgment and order affirmed.
This opinion will not be published. See Wis. Stat. Rule 809.23(1)(b)5.