MADISON, WI (WTAQ) – A state appeals court today (TUE) up held a 65 year prison term for an Athelstane man convicted of sexually assaulting a child.
Despite a prosecutor’s recommendation that John Allen be sentenced to 8 years, 6 months in prison on multiple convictions – including repeated sexual assault of a 12-year-old child – Marinette County Judge James Morrison imposed the maximum sentence of 65 years in prison and 35 years of extended supervision.
Judge Morrison noted the need to protect the public when he issued the sentence.
Allen, who was 61 at the time of sentencing, argued the judge ignored a report suggesting he was a low risk to re-offend.
But, the appeals court ruled Morrison was within his authority.
“Because the sentencing court imposed a sentence within the permissible range set by statute and gave reasons for its decision, it did not need to explain why the sentence it imposed differed from any particular recommendation. Although the DOC’s recommendation may be helpful and should be considered by the court, the recommendation is not entitled to any deference,” the court wrote.
The appeals court also rejected Allen’s contention the sentence was too harsh.
