State v. Gayton
Decision Date | 06 July 2016 |
Docket Number | No. 2013AP646–CR.,2013AP646–CR. |
Citation | 370 Wis.2d 264,882 N.W.2d 459 |
Parties | STATE of Wisconsin, Plaintiff–Respondent, v. Leopoldo R. SALAS GAYTON, Defendant–Appellant–Petitioner. |
Court | Wisconsin Supreme Court |
For the defendant-appellant-petitioner, there were briefs by Colleen D. Ball, assistant state public defender, and oral argument by Colleen D. Ball.
For the plaintiff-respondent, the cause was argued by Christopher G. Wren, assistant attorney general, with whom on the brief was Brad D. Schimel, attorney general.
There was an amicus curiae brief by Jeffrey O. Davis, Haar Katta, and Quarles & Brady LLP, Milwaukee, WI on behalf of the Irrevocable Trust for the Benefit of Hayden Isabella Lamb.
There was an amicus curiae brief by Matthew S. Pinix, Karyn Rotker, and ACLU of Wisconsin Foundation, Milwaukee, Claudia Valenzuela (pro hac vice) and National Immigrant Justice Center, Chicago, IL, Barbara J. Graham and Catholic Charities Legal Services for Immigrants, Milwaukee, and Stacy Taeuber, University of Wisconsin Law School Immigrant Justice Clinic. Oral argument by Matthew S. Pinix.
¶ 1 This is a review of an unpublished decision of the court of appeals affirming the Milwaukee County Circuit Court's denial of a postconviction motion by Leopoldo Salas Gayton (Salas Gayton).1
¶ 2 Salas Gayton pled no contest to two charges that arose after he killed Corrie Damske while he was driving under the influence of alcohol in the wrong direction on a Milwaukee freeway. At sentencing, the circuit court focused its remarks on the serious crime of drunk driving and its potential consequences. It ultimately sentenced Salas Gayton to 15 years of initial confinement, the statutory maximum, followed by 7 years of extended supervision. On several occasions during its remarks, the circuit court mentioned Salas Gayton's immigration status, describing him as an “illegal alien,” “here illegally,” and an “illegal.” However, the court made clear that any unlawful conduct related to immigration represented no more than a “minor factor” or “minor character flaw.”
¶ 3 In a postconviction motion, Salas Gayton argued, among other things, that the sentencing court erroneously exercised its discretion by relying upon an improper factor when it considered his immigration status at sentencing. The circuit court denied his motion, and the court of appeals affirmed. Because we conclude that the circuit court's comments do not demonstrate reliance on an improper factor at sentencing and therefore did not deny Salas Gayton due process of law, we affirm the decision of the court of appeals.
¶ 4 While driving drunk on Interstate 94 in Milwaukee on the morning of January 1, 2011, Salas Gayton struck a vehicle driven by Corrie Damske, who died at the scene shortly after the collision. The collision occurred at approximately 7:20 a.m. Salas Gayton entered the freeway2 near 35th Street and began traveling in the wrong direction in the westbound lanes. He struck one vehicle before colliding head-on with Damske near 20th Street, at the southwest corner of the Marquette University campus. His vehicle ricocheted and struck a third vehicle after his collision with Damske. Salas Gayton broke his foot as a result of the collisions.
¶ 5 In the hours before the collision, Salas Gayton consumed 2 beers at home before consuming a 12–pack of beer while driving around Milwaukee. He tossed empty cans out the car window as he drove. After the collision, he could not account for a large period of time and could not remember when he consumed his last beer. A test of Salas Gayton's blood approximately 2 hours and 20 minutes after the collision returned a blood alcohol content of .145.
¶ 6 When officers questioned Salas Gayton after his arrest, he told them that he entered the freeway because he saw police lights flashing in his mirror and he traveled in the wrong direction out of confusion as he attempted to evade police. He wanted to avoid being pulled over because he feared going to jail for driving without a valid license. A report from the Milwaukee County Sheriff's Office indicates that at the time of his arrest he informed officers that he immigrated to the United States illegally and that he had lived in the United States for approximately 13 years before the collision.3 Salas Gayton is originally from Mexico, and he is not an American citizen. At the time of the collision, he was 41 years old.
¶ 7 A criminal complaint and information filed in the Milwaukee County Circuit Court on January 6, 2011, charged Salas Gayton on three counts: (1) homicide by intoxicated use of a vehicle, contrary to Wis. Stat. §§ 940.09(1)(a) and 939.50(3)(d) ; (2) homicide by intoxicated use of a vehicle (prohibited alcohol concentration), contrary to Wis. Stat. §§ 940.09(1)(b) and 939.50(3)(d) ; and (3) operating without a license, causing death, contrary to Wis. Stat. §§ 343.05(5)(b) 3.d. and 939.51(3)(a).4 Although Salas Gayton initially entered not guilty pleas to all three charges, he ultimately agreed to plead no contest to the first and third counts.5
¶ 8 The Milwaukee County Circuit Court, Dennis Cimpl, Judge, conducted a lengthy sentencing hearing on July 22, 2011, at which the court heard statements on behalf of Damske and on behalf of Salas Gayton.6 After an initial discussion between the court and the parties regarding letters sent to the court on behalf of the victim and the defendant,7 the hearing proceeded with the State's presentation.
¶ 9 The attorney for the State began with a lengthy summary of the reasons why the State was “recommending ... a substantial period of confinement”:
As she neared the end of her statement, Damske's mother specifically requested that the court impose a harsh punishment:
¶ 11 Next, the circuit court heard from Michele Friedman, Damske's close friend. Friedman began by describing the severe impact of Damske's death on her friends and family; she then also asked the court to impose a harsh sentence:
To continue reading
Request your trial-
State v. Dodson
...STANDARD OF REVIEW¶53 Generally, we review a circuit court's sentencing determination for an erroneous exercise of discretion. State v. Gayton, 2016 WI 58, ¶19, 370 Wis. 2d 264, 882 N.W.2d 459 (citing State v. Gallion, 2004 WI 42, ¶17, 270 Wis. 2d 535, 678 N.W.2d 197 ). "In exercising discr......
-
State v. Dalton
...disregard of the law, which is indicative of his character. The circuit court did not erroneously exercise its discretion. State v. Salas Gayton, 2016 WI 58, ¶¶ 3, 15, 370 Wis. 2d 264, 882 N.W.2d 459 (concluding that the circuit court's comments on Mr. Gayton's status as an illegal alien di......
-
State v. Harvey
...of the offense, and the rehabilitative needs of the defendant, as well as any appropriate mitigating or aggravating factors." State v. Salas Gayton, 2016 WI 58, ¶22, 370 Wis.2d 264, 882 N.W.2d 459. Other regarding the defendant that a circuit court may consider within its discretion include......
-
State v. Harvey
...of the offense, and the rehabilitative needs of the defendant, as well as any appropriate mitigating or aggravating factors." State v. Salas Gayton , 2016 WI 58, ¶22, 370 Wis. 2d 264, 882 N.W.2d 459. Other factors regarding the defendant that a circuit court may consider within its discreti......