Ozaukee County Case Number 2019CM000014 State of Wisconsin vs. Kevin Avendano

The defendant Kevin Avendano was found guilty of the following charge(s) in this case.

Bail Jumping-Misdemeanor, a class A misdemeanor, Wisconsin Statutes 946.49(1)(a).
Operating While Revoked (Rev due to alc/contr subst/refusal), an unclassified misdemeanor, Wisconsin Statutes 343.44(1)(b).

Charge(s) in this case were read in to this or other case(s). A “read in” charge is a charge that is dismissed as part of a plea agreement, however:

The defendant agrees to have the court consider the charge(s) when sentencing for another crime, under Wis. Stats. 973.20(1g)(b); and
The defendant cannot be prosecuted for these charge(s) in the future.

Ozaukee County Case Number 2019CM000014 State of Wisconsin vs. Kevin Avendano
Case summary

Filing date
01-14-2019

Case type
Criminal

Case status
Closed – Electronic filing

Defendant date of birth
04-23-1989

Address
N48 W16091 Lone Oak Ln, Menomonee Falls, WI 53051

Branch ID
3

DA case number
2019OZ000080

Charges
Printable version

Responsible official
Williams, Sandy A

Prosecuting agency
District Attorney

Prosecuting agency attorney
Wabitsch, Patti l

Defendant owes the court: $451.00

Count no. Statute Description Severity Disposition
1 946.49(1)(a) Bail Jumping-Misdemeanor Misd. A Guilty Due to Guilty Plea
2 343.44(1)(b) Operating While Revoked (Rev due to alc/contr subst/refusal) Misd. U Guilty Due to Guilty Plea
3 347.413(1) Ignition Interlock Device Tampering/Failure to Install/Violate Court Order Misd. U Charge Dismissed but Read In

The Defendant was charged with the following offense:

Count
1

Statute cite
946.49(1)(a)

Description
Bail Jumping-Misdemeanor

Severity
Misd. A

Offense date
01-08-2019

Plea
Guilty on 03-28-2019

On 03-28-2019 there was a finding of:

Action
Guilty Due to Guilty Plea

Court official
Williams, Sandy A

Notes

On 03-28-2019 the following was ordered:

Sentence
Costs

Time

Begin date

Notes
Total costs in the amount of $886 to be paid by payment plan at a rate of $50 per month commencing May 30th, 2019 and to be paid on the 30th of each month thereafter. Failure to pay will result in a civil judgment entered in the amount of the unpaid balance. Defendant is to petition the court to change payment plan if unable to make designated payments.

Sentence
Other Sentence

Time

Begin date

Notes
Defendant to submit a DNA sample

Sentence
Local Jail

Time
15 Days

Begin date
05-23-2019

Notes
Defendant is granted privileges set forth in Wis Stats 303.08

Count
2

Statute cite
343.44(1)(b)

Description
Operating While Revoked (Rev due to alc/contr subst/refusal)

Severity
Misd. U

Offense date
01-08-2019

Plea
Guilty on 03-28-2019

On 03-28-2019 there was a finding of:

Action
Guilty Due to Guilty Plea

Court official
Williams, Sandy A

Notes

On 03-28-2019 the following was ordered:

Sentence
Local Jail

Time
5 Days

Begin date
05-23-2019

Notes
Defendant is granted privileges set forth in Wis Stats 303.08 Consecutive to: Count 1

Sentence
Costs

Time

Begin date

Notes

Count
3

Statute cite
347.413(1)

Description
Ignition Interlock Device Tampering/Failure to Install/Violate Court Order

Severity
Misd. U

Offense date
01-08-2019

Plea

On 03-28-2019 there was a finding of:

Action
Charge Dismissed but Read In

Court official
Williams, Sandy A

Notes

Defendant

Defendant name
Avendano, Kevin

Date of birth
04-23-1989

Sex
Male

Race
Hispanic

Address (last updated 01-14-2019)
N48 W16091 Lone Oak Ln, Menomonee Falls, WI 53051

JUSTIS ID

Fingerprint ID

Attorneys
Attorney name Entered
Verrilli, Michael a 02-13-2019

Citations
Citation BD4902321

Defendant name
Avendano, Kevin

Date of birth
04-23-1989

Sex
Male

Address (last updated 01-14-2019)
N48 W16091 Lone Oak Ln, Menomonee Falls, WI 53051

Bond amount

Deposit type
None

Appearance date and time
12-25-2019 08:30 am

Mandatory
Yes

Plate number
ABP4827

State
WI

Expiration
2019

VIN
1J8HG48K76C209375

Issuing agency
Ozaukee County Sheriff’s Dept

Officer name
Daniels, Patrick

Violation date
01-08-2019

MPH over

Plaintff agency
State of Wisconsin

Ordinance or statute
Statute

Statute
343.44(1)(b)

Charge description
Operating While Revoked (Rev due to alc/contr subst/refusal)

Severity
Misd. U

Citation AC1536345

Defendant name
Avendano, Kevin

Date of birth
04-23-1989

Sex
Male

Address (last updated 01-14-2019)
N48 W16091 Lone Oak Ln, Menomonee Falls, WI 53051

Bond amount

Deposit type
None

Appearance date and time
12-25-2019 08:30 am

Mandatory
Yes

Plate number
ABP4827

State
WI

Expiration
2019

VIN
1J8HG48K76C209375

Issuing agency
Ozaukee County Sheriff’s Dept

Officer name
Daniels, Patrick

Violation date
01-08-2019

MPH over

Plaintff agency
State of Wisconsin

Ordinance or statute
Statute

Statute
347.413(1)

Charge description
Ignition Interlock Device Tampering/Failure to Install/Violate Court Order (2nd+)

Severity
Misd. U

Court record
Date Event Court official Court reporter Amount
10-09-2019 Notice

Additional text:
Notice of Intent to Refer Debt to the Department of Revenue collections program – sent to defendant.

03-29-2019 Payment application agreement

Additional text:
Payment plan set by JOC. Payment plan due date summary mailed to defendant.

03-28-2019 Plea questionnaire, waiver of rights
03-28-2019 Appeal rights/info on postconviction relief
03-28-2019 Order Collection Biological Specimen DNA Analysis Williams, Sandy A

Additional text:
DNA required

03-28-2019 Judgment of conviction Mueller, Mary Lou
03-28-2019 Dispositional order/judgment Williams, Sandy A
03-28-2019 Notes

Additional text:
Kevin Avendano agrees to receive text messages for court related messages.

03-28-2019 Plea/sentencing hearing Williams, Sandy A Claudon, Nicole

Additional text:
11:54 AM Defendant Kevin Avendano in court with attorney Michael a Verrilli. Benjamin Lindsay appeared for the State of Wisconsin. Counsel as to status, requests date for plea and sentencing. Court goes off the record to allow counsel to complete plea questionnaire. Court back on the record with same appearances at 12:13 pm: Counsel submits plea questionnaire and waiver. Court examines the defendant as to the waiver. Defendant enters guilty pleas as to counts 1 and 2. Court accepts the pleas, finding them to be free and voluntary, and finds the defendant guilty as to their pleas. Count 3 is dismissed and read in. State makes recommendation as to sentencing. Counsel as to sentencing. Statements by Defendant. Court renders judgment.

03-27-2019 Letters/correspondence

Additional text:
Sentencing Letter. Forwarded as document for review to Branch 3 clerk .

03-27-2019 Notes

Additional text:
Clerk rejects letter missing case number.

03-18-2019 Notice of hearing

Additional text:
Further proceedings on March 28, 2019 at 11:30 am.

03-18-2019 Further proceedings Williams, Sandy A Claudon, Nicole

Additional text:
02:32 PM Attorney Michael a Verrilli in court. Defendant does not appear. Benjamin Lindsay appeared for the State of Wisconsin. Counsel had spoke with his client prior to leaving his office today and states defendant was unaware of today’s hearing and in class. Pretrial offer has been received but pretrial conference was not attended. State requests warrant be issued. Court will forfeit bail and issue warrant but stay both until next hearing date. Further proceedings scheduled for March 28, 2019 at 11:30 am.

02-14-2019 Signature bond signed $250.00
02-14-2019 Notice of hearing

Additional text:
Further proceedings on March 18, 2019 at 01:15 pm.

02-14-2019 Signature bond set for Avendano, Kevin Williams, Sandy A Claudon, Nicole $250.00

Additional text:
Not to operate a motor vehicle without a valid driver’s license. Absolute sobriety. No possession/consumption of any intoxicants.

02-14-2019 Initial appearance Williams, Sandy A Claudon, Nicole

Additional text:
03:55 PM Defendant Kevin Avendano in court with attorney Michael a Verrilli. Jeffrey A Sisley appeared for the State of Wisconsin. Counsel acknowledges receipt of the complaint, and waives reading. Court reviews charges and potential penalties. Court makes finding as to probable cause. Counsel enters not guilty pleas. State as to bail. Counsel as to bail. Court sets bail. Further proceedings scheduled for March 18, 2019 at 01:15 pm.

02-13-2019 Notes

Additional text:
Per request of defense counsel, 2/14/19 hearing time moved to 3:45pm

02-13-2019 Notice of hearing

Additional text:
Initial appearance on February 14, 2019 at 03:45 pm.

02-13-2019 Letters/correspondence

Additional text:
Atty Verrilli re: Request to Adjourn Initial Appearance. Forwarded as document for review to Branch 3 clerk .

02-13-2019 eFiled Document Fee Paid $20.00

Additional text:
Adjustment Number: 19A 030860, Payable Number: 115975, Receipt Number: 19R 002267, Amount: $20.00

02-13-2019 Notice of retainer
01-29-2019 Notes

Additional text:
*1/31/19 hearing date rescheduled due to weather related court closure

01-29-2019 Notice of hearing

Additional text:
Initial appearance on February 14, 2019 at 08:15 am.

01-14-2019 Summons
01-14-2019 Motion in limine

Additional text:
State’s

01-14-2019 Demand for Discovery – Prosecutor
01-14-2019 Electronic Filing Notice
01-14-2019 Case initiated by electronic filing
01-14-2019 Complaint filed
Total receivables

Payment plan Balance due Payment due Due date
Payment plan $451.00 $50.00 2019-05-30
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