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State v. Mulroy5/11/2004
An information charged Mulroy with two counts of causing great bodily harm by intoxicated use of a vehicle, two counts of causing great bodily harm while operating a motor vehicle with a prohibited blood alcohol concentration, two counts of causing injury by intoxicated use of a vehicle and two counts of hit and run. The charges arose from allegations that Mulroy, who was intoxicated, was drag racing and slammed into another car, seriously injuring its driver, Amy Manos, and her two young daughters, Samantha and Brittany. Mulroy ultimately pled no contest to two counts of causing great bodily harm by intoxicated use of a vehicle, two counts of hit and run and one misdemeanor count of causing injury by intoxicated use of a vehicle. On the felony convictions, the court imposed a total sentence of twenty-six years, consisting of fourteen years' initial confinement followed by twelve years' extended supervision. On the misdemeanor conviction, the court imposed a consecutive sentence of one year in prison. Mulroy's motion for post-conviction relief was denied and this appeal follows.
Discussion
. Sentencing lies within the discretion of the circuit court. See State v. Echols, 175 Wis. 2d 653, 681, 499 N.W.2d 631 (1993). In reviewing a sentence, this court is limited to determining whether there was an erroneous exercise of discretion. See id. There is a strong public policy against interfering with the sentencing discretion of the circuit court, and sentences are afforded the presumption that the circuit court acted reasonably. See id. at 681-82.
. If the record contains evidence that the circuit court properly exercised its discretion, we must affirm. See State v. Cooper, 117 Wis. 2d 30, 40, 344 N.W.2d 194 (Ct. App. 1983). Proper sentencing discretion is demonstrated if the record shows that the court "examined the facts and stated its reasons for the sentence imposed, `using a demonstrated rational process.'" State v. Spears, 147 Wis. 2d 429, 447, 433 N.W.2d 595 (Ct. App. 1988) (citation omitted). "To overturn a sentence, a defendant must show some unreasonable or unjustified basis for the sentence in the record." Cooper, 117 Wis. 2d at 40.
. The three primary factors that a sentencing court must address are: (1) the gravity of the offense; (2) the character and rehabilitative needs of the offender; and (3) the need for protection of the public. See State v. Sarabia, 118 Wis. 2d 655, 673, 348 N.W.2d 527 (1984). The weight to be given each of the primary factors is within the discretion of the sentencing court and the sentence may be based on any or all of the three primary factors after all relevant factors have been considered. See State v. Wickstrom, 118 Wis. 2d 339, 355, 348 N.W.2d 183 (Ct. App. 1984). When a defendant argues that his or her sentence is unduly harsh or excessive, we will hold that the sentencing court erroneously exercised its discretion "only where the sentence 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." Ocanas v. State, 70 Wis. 2d 179, 185, 233 N.W.2d 457 (1975).
. Here, Mulroy argues that: (1) the court failed to explain why the maximum sentence was appropriate; (2) the sentence is unduly harsh; (3) the court overemphasized the punishment aspect; and (4) the sentence imposed was longer than sentences imposed by other trial courts for comparable crimes. We are not persuaded.
. The court considered the three primary sentencing factors. With respect to the gravity of the offenses, and particularly the impact on the victims, the court concluded that Mulroy's offense was pa
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