Opinion
No. 2013AP2240–CR.
2015-02-03
STATE of Wisconsin, Plaintiff–Respondent, v. Thongsavahn RODTHONG, Defendant–Appellant.
See Elias v. State, 93 Wis.2d 278, 284, 286 N.W.2d 559 (“This court has stated that the [circuit] court in imposing sentence for one crime can consider other unproven offenses, since those other offenses are evidence of a pattern of behavior which is an index of the defendant's character, a critical factor in sentencing.”). (Emphasis in decision.) We agree and adopt this reasoning. 3 See Wis. Ct.App. IOP VI(5)(a) (Jan. 1, 2013) (“When the [circuit] court's decision was based upon a written opinion ... of its grounds for decision that adequately express the panel's view of the law, the panel may incorporate the [circuit] court's opinion or statement of grounds, or make reference thereto.”). There were no read-in charges, and Rodthong was aware that the court would consider the circumstances of the crimes—namely the facts of the burglary and the attempted first-degree homicide—at sentencing. There was no requirement for the circuit court to advise Rodthong as to how this information ultimately would impact Rodthong's sentence.