DISCUSSION ♨ Sentencing is a discretionary decision we will not disturb absent an erroneous exercise of that discretion. The court denied Snyder s motion stating, the sentence that was imposed was justified based on everything ¦. ♧ Snyder filed a motion for postconviction relief. The court sentenced Snyder to three years of initial confinement and three years of extended supervision for the possession of an improvised explosive device charge and ninety days on the disorderly conduct charge. It then addressed the need to protect the public from Snyder s dangerous behavior and stated probation would not be appropriate. ♦ The sentencing court noted that despite the counseling received as a result of the Ponsee incident, Snyder went on to commit the present offense. Snyder was not criminally charged as a result of the Ponsee incident but instead received counseling. Snyder then took the firearm and fired a blank into his own head. Although the business was closed, Snyder entered and went to his boss s office. 2006AP887-CR intoxicated, got a firearm and a twelve-pack of beer and went to Ponsee. The day after losing the job, Snyder became 2 No. ♥ The previous incident occurred after Snyder lost his job at a Rhinelander business called Ponsee. The court then addressed an incident that had occurred approximately six months prior to the charged offense. The court also noted Snyder s prior criminal history and his history of substance abuse. ♤ At sentencing, the court noted the dangers created by the explosive device. A sentencing hearing was conducted on June 22, 2005. ♣ On May 13, 2005, Snyder pled no contest to disorderly conduct and possession of an improvised explosive device. Police theorized that if the propane tanks had been turned open, and the electric cord to the battery charger had been plugged in, a detonation could have occurred causing the destruction of the garage and a portion of the house. Three liquid propane tanks surrounded the gas container. The battery charger had an electric cord running into the house but it was not plugged into an outlet. A battery charger was inserted in the container.
Snyder s wife and her father later returned home and found a plastic gas container filled with gas in the attached garage. Snyder s wife left and contacted the Oneida County Sheriff s department. BACKGROUND ♢ On February 6, 2005, Snyder pumped a BB gun and told his wife to get her things and leave their home. We conclude the court did not overemphasize the prior incident, considered the appropriate factors, and considered probation. Snyder also argues the court did not consider probation. 2006AP887-CR emphasis on a prior unrelated incident, thereby improperly punishing him for the prior incident.
#Eric mcoy madison wi 2006 trial#
Snyder argues the trial court erroneously exercised its sentencing discretion by placing undue No.
Snyder also appeals an order denying his motion for postconviction relief. Eric Snyder appeals his judgment of conviction for possession of an improvised explosive device and disorderly conduct. Before Cane, C.J., Hoover, P.J., and Peterson, J. APPEAL from a judgment and an order of the circuit court for Oneida County: ROBERT E. 2005CF36 2006AP887-CR STATE OF WISCONSIN IN COURT OF APPEALS DISTRICT III STATE OF WISCONSIN, PLAINTIFF-RESPONDENT, V. A party may file with the Supreme Court a petition to review an adverse decision by the Court of Appeals. If published, the official version will appear in the bound volume of the Official Reports. NOTICE This opinion is subject to further editing. Clark Clerk of Court of Appeals Appeal No. COURT OF APPEALS DECISION DATED AND FILED OctoCornelia G.
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