Legal Opinion · Concurring in part, dissenting in part

State v. Grindemann

Court of Appeals of Wisconsin

Decided April 18, 2002No. 01-0542-CRPublished

1Concurring in part, dissenting in partDykman, J.

¶ 35. (concurring in part; dissenting in part). A victim of a past sexual assault would probably not expect a trial court to use this traumatic experience as an aggravating factor justifying a harsher sentence for a crime the victim commits years later. But that is what happened here, and the majority finds this result proper. Indeed, the majority goes one step further. When the trial court in this case eventually realized that penalizing a person for being a sexual assault victim was wrong, and reduced the defendant's sentence, the majority finds this to be unreasonable, irrational and…

2Cases cited17 opinions

  1. Hayes v. StatesWisconsin Supreme Court · 1970
  2. Ocanas v. StateWisconsin Supreme Court · 1975
  3. State v. TaylorWisconsin Supreme Court · 1973
  4. State v. MacEmonWisconsin Supreme Court · 1983
  5. State v. GiebelCourt of Appeals of Wisconsin · 1995

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