State v. Ogden

Did the trial court commit an error of law when, instead of exercising discretion based upon individual factors, it applied a uniform sentencing policy of refusing "Huber" release to child care providers except when "absolutely essential?" We hold it did.

Andrea J. Ogden, a/k/a Andrea J. Parins, was arrested and charged with two counts of resisting or obstructing an officer in violation of Wis. Stat. § 946.41(1) (1993-94). She entered a guilty plea to both of these counts. The La Crosse County Circuit Court, the Honorable John J. Perlich, withheld sentence and ordered probation to run…