State v. Vincent T. Grady
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2007 WI 125 SUPREME COURT CASE NO.: COMPLETE TITLE: OF WISCONSIN 2005AP2424-CR State of Wisconsin, Plaintiff-Respondent, v. Vincent T. Grady, Defendant-Appellant-Petitioner MOTION FOR RECONSIDERATION 2007 WI 81 Reported at: ___ Wis. 2d ___, 734 N.W.2d 364 OPINION FILED: SUBMITTED ON BRIEFS: ORAL ARGUMENT: October 11, 2007 SOURCE OF APPEAL: COURT: COUNTY: JUDGE: JUSTICES: CONCURRED: DISSENTED: NOT PARTICIPATING: ATTORNEYS: ZIEGLER, J., did not participate. 2007 WI 125 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 2005AP2424-CR (L.C. No. 2003CF6628) STATE OF WISCONSIN : IN SUPREME COURT State of Wisconsin, Plaintiff-Respondent, FILED v. OCT 11, 2007 Vincent T. Grady, David R. Schanker Clerk of Supreme Court Defendant-Appellant-Petitioner MOTION for reconsideration. ¶1 PER CURIAM. Reconsideration denied. Petitioner Vincent T. Grady moves this court for reconsideration of its opinion in State v. Grady, 2007 WI 81, ___ Wis. 2d ___, 734 N.W.2d 364, issued June 29, 2007, for the limited purpose of clarifying the court's opinion to remove an alleged ambiguity about the effective date of parts of the opinion. ¶2 to The motion for reconsideration is denied. revise carefully the language considered the of the opinion. petitioner's restates its principal conclusions: We decline However, request, the having court No. A. a circuit obligation 2005AP2424-CR For sentencing occurring after September 1, 2007, court satisfies when the its record Wis. Stat. § 973.017(2)(a) of the sentencing hearing demonstrates that the court actually considered the sentencing guidelines and so stated on the record. circuit court's consideration of Accordingly, when a sentencing guidelines is reviewed, the reviewing court may not supplement the sentencing record with evidence outside the sentencing sentencing occurring after September 1, 2007. hearing for any Whether a circuit court has met its § 973.017(2)(a) obligation in a sentencing after that date must be determined from the record of the sentencing hearing. B. The prospective application of the rule stated above does not affect other parts of the Grady opinion. Thus, the opinion's affirmation of both the circuit court's duty under Wis. Stat. § 973.017(2)(a) to consider any applicable sentencing guidelines and appellate authority to review the circuit court's compliance with this statute, apply to all sentencing procedures, retroactively as well as prospectively. ¶3 Accordingly, the motion for reconsideration is denied. ¶4 ANNETTE KINGSLAND ZIEGLER, J., did not participate. 2 No. 1 2005AP2424-CR
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