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Sentencing Guidelines Worksheet - Possession With Intent To Deliver Cocaine - Wisconsin
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Wisconsin Sentencing Guidelines Worksheet POSSESSION WITH INTENT TO DELIVER COCAINE 1g and under Wis. Stat. 961.41(1)(cm)__ Offenders Last Name: ________________ First Name: ___________________M.I.: ____ Sex: M ? F ? Case No. :___________ County:________________ Sentencing Judge:________________________ Sentencing Date: __/__/__Date of Birth: __/__/__ Date of Offense: __/__/__ Custody at Sentence: Yes ? No ? Employed at Time of Offense: Yes ? No ?Race: White ? Black ? Native American ? Hispanic ? Asian ? Other ? _______________ Trial to: Judge ? Jury ? Plea: Guilty ? No Contest ? Alford ? I- Offense Severity Assessment A-Determine factors affecting severity of the PID-cocaine: __Accommodation possession; __Indicia of profit motive. __Presence of: __large amounts of cash, __luxury items. __Fortified drug house. B-Assess harm caused by the offense: Consider impact of the crime on the community and neighborhood. __Impact on the neighborhood tended to increase fear, disorder, a milieu of violence or crime, or to reduce property values. __Children or adolescents exposed to the criminal conduct. __Defendant possessed drugs with intent to deliver to secure sexual activity from another person. __Defendant possessed drugs with intent to deliver to pregnant woman, child, or addict. __Other. See Notes. ___________________________________________ C-Assess the offenders role in the offense. If more than one offender, determine: __Leader or organizer of criminal activity. __Involvement manipulated or pressured (but less than statutory coercion). __Minimal role. __Other _____________________________________________________ D- Statutory aggravating factors and penalty enhancers. Statutory aggravating factors. See Stat. 973.017 and Notes. __Committed in association with gang. __Distribution to prisoners. __Committed on a public transit vehicle. __Concealed, disguised, altered appearance to hinder identification. __Wore a bulletproof garment. __Other______________________________________________ Penalty enhancers: Pleaded and proved Uncharged/Dismissed Dangerous weapon Stat. 939.63. Identify weapon _______________ o o Distribution to persons under 18 Stat. 961.46. o o Crime within 1,000 feet of school etc. Stat. 961.49. o o Other ________________________________________________ o oE-Other factors related to offense severity: __Defendant abused a position of trust or authority. __Conduct reflects more serious conduct than offense of conviction. __Other __________________________________________ II-Risk Assessment Evaluation Determine the defendants risk to public safety or to re-offend. See Notes Section II. Consider the nature of the risk that the defendant poses and conditions necessary to reduce risk. A-Factors that may suggest heightened/lesser risk: __Previous acts (whether or not convictions/adjudications). __Age. __Employment history. __Physical condition. __Mental health. __Mental health treatment/counseling. __Dependence on controlled substances. __Drug treatment. __Dependence on alcohol. __Alcohol treatment. __Performance on bail. __Other _________________ B-List (or attach) all convictions and/or juvenile adjudications including year and offense: _________________________________________________________________________________ ______________________________________________________ ___________________________ <<<<<<<<<********>>>>>>>>>>>>> 2C-Criminal History. In assessing criminal history consider whether it overstates or understates future risk to public safety. Juvenile adjudications for acts that are crimes if committed by an adult should ordinarily be treated the same as criminal convictions. See Notes Section II-C for definition of violent offenses, treatment of juvenile offenses and legal status. Assess criminal history with caution. Consider whether it fairly reflects risk to public safety or to re-offend. Consider if applicable: __Convictions old; __Multiple convictions same as (or similar to) previous offenses. __Other circumstances indicate conviction/adjudication an inappropriate indicator of risk.1-See Notes Section II-C-1: __Defendant not on legal status at time of the offense. __No criminal/juvenile history, particularly if defendant is older. Earlier convictions/adjudications for: __Non-violent misdemeanors. __One non-violent felony. 2-See Notes Section II-C-2: __Present offense is non-violent felony committed while the defendant on legal status. Earlier convictions/adjudications for: __Present offense same as (or similar to) previous offense. __Two or three non-violent felonies. __Two or three violent misdemeanors. __One violent felony. 3-See Notes Section II-C-3: __Present offense is violent felony committed while defendant on legal status. Earlier convictions/adjudications for: __Two or more offenses same as (or similar to) previous offense. __Four or more non-violent felonies. __Two or more violent felonies. __Four or more violent misdemeanors. III-Possession with Intent to Deliver Cocaine Chart Percent of all offenders placed on probation for this offense (1999 1998): _________________ Risk Assessment Lesser Medium High Probation Probation to 1 Year Prison to Mitigated 1.5 Years Prison 3 Years Prison Probation to Probation to 2 Years Prison to Intermediate 1.5 Years Prison 2.5 Years Prison 4 Years Prison Probation to 2 Years Prison to 3 Years Prison to Aggravated 2.5 Years Prison 4 Years Prison 5 Years Prison Check the cell reflecting correct offense severity and risk assessment. -A Period of Extended Supervision must be assigned in all sentences; that period must be at least 25% of the prison component of the bifurcated sentence.IV-Adjustments to Sentence Indicated by Chart A-Punishment in the form of incarceration needed. ___ Yes ___ No. If yes, state reasons orally.B-Additional factors may warrant adjustment of the indicated sentence. __Read-in offenses. __Acceptance of responsibility. __Effect of multiple counts. __Cooperation with authorities. __District Attorney/defense attorney recommendation.__Drug Repeater. __Restitution paid at great sacrifice before sentencing.__Other _________________ V-Imposition of Sentence If any, state conditions in addition to standard conditions of E.S./probation imposed to reduce risk to public safety.State if defendant eligible for boot camp.