Outagamie County Case Number 2019CF000020 State of Wisconsin vs. Edgar J. Sandoval-Gutierrez

The defendant was charged with both OWI (4th) and Operating w/ PAC (4th). The defendant was found guilty of OWI (4th) and the other charge, Operating w/ PAC (4th) was dismissed by the court.

Edgar J. Sandoval-Gutierrez was found guilty of OWI (4th), a class H felony, Wisconsin Statutes 346.63(1)(a).

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.

Outagamie County Case Number 2019CF000020 State of Wisconsin vs. Edgar J. Sandoval-Gutierrez
Case summary

Filing date
01-09-2019

Case type
Criminal

Case status
Closed – Electronic filing

Defendant date of birth
09-06-1994

Address
4017 E. Appleview Rd., Appleton, WI 54913

Branch ID
1

DA case number
2019OU000124

Charges
Printable version

Responsible official
McGinnis, Mark J

Prosecuting agency
District Attorney

Prosecuting agency attorney
Buruin, Zakaria N

Defendant owes the court: $0.00

Count no. Statute Description Severity Disposition
1 346.63(1)(a) OWI (4th) Felony H Guilty Due to No Contest Plea
2 343.44(1)(b) Operating While Revoked (Rev due to alc/contr subst/refusal) Misd. U Charge Dismissed but Read In
3 346.63(1)(b) Operating w/ PAC (4th) Felony H Charge Dismissed but Read In

The Defendant was charged with the following offense:

Count
1

Statute cite
346.63(1)(a)

Description
OWI (4th)

Severity
Felony H

Offense date
01-08-2019

Plea
No Contest on 01-08-2020

On 01-08-2020 there was a finding of:

Action
Guilty Due to No Contest Plea

Court official
McGinnis, Mark J

Notes

On 01-08-2020 the following was ordered:

Sentence
Probation, Sent Withheld

Time
3 Years

Begin date

Notes
2 days credit for purposes of revocation.

Condition Time Notes
Jail time 1 Years In lock up. 9 months stayed. Work release granted. To begin sentence today. **1-14-2020 Corrected: In lock up. 9 months stayed. Remainder of sentence with work release. To begin sentence today.**
Fine
Costs
Other If probation is revoked or discharged with outstanding financial obligations, a civil judgment shall be entered for the balance due, and/or other collection means, such as income assignment will be issued. The Defendant is to undergo any counseling the agent finds appropriate and must comply with any recommended treatment/assessment/counseling. Defendant may not withdraw from any ordered program without permission of the agent and/or provider. The Defendant is to maintain absolute sobriety – no alcohol or drugs unless prescribed by a physician. The Defendant is to provide a biological specimen for DNA analysis, unless already provided. The Defendant is subject to random drug/UA testing. The Defendant is to apply immediately (within 24-48 hours) to the OWI treatment court. If accepted into the OWI treatment court, the Defendant is to participate, comply, and successfully complete. The Defendant is not to operate any motor vehicle.

Sentence
Alcohol assessment

Time

Begin date

Notes

Sentence
DOT License Revoked

Time
1 Life

Begin date

Notes

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

On 01-08-2020 there was a finding of:

Action
Charge Dismissed but Read In

Court official
McGinnis, Mark J

Notes

Count
3

Statute cite
346.63(1)(b)

Description
Operating w/ PAC (4th)

Severity
Felony H

Offense date
01-08-2019

Plea

On 01-08-2020 there was a finding of:

Action
Charge Dismissed but Read In

Court official
McGinnis, Mark J

Notes

Charge history

This history reflects charges that were issued by the District Attorney earlier in the case. Current charges can be seen above. Changes to charges can be made for many reasons, often based on the District Attorney’s ongoing assessment of the case. The case file may contain more information. Unless a Judgment of Conviction is entered, the defendant is presumed innocent of all charges.
Count Statute Description Replaced by
1 346.63(1)(a) OWI (4th) Amended Complaint Filed
1 346.63(1)(a) OWI (4th) Information Filed
1 346.63(1)(a) OWI (4th) Information Filed
2 343.44(1)(b) Operating While Revoked (Rev due to alc/contr subst/refusal) Amended Complaint Filed
2 343.44(1)(b) Operating While Revoked (Rev due to alc/contr subst/refusal) Information Filed
2 343.44(1)(b) Operating While Revoked (Rev due to alc/contr subst/refusal) Information Filed
3 346.63(1)(b) Operating w/ PAC (4th) Information Filed
3 346.63(1)(b) Operating w/ PAC (4th) Information Filed
Defendant

Defendant name
Sandoval-Gutierrez, Edgar J.

Date of birth
09-06-1994

Sex
Male

Race
Hispanic

Address (last updated 01-09-2019)
4017 E. Appleview Rd., Appleton, WI 54913

JUSTIS ID

Fingerprint ID

Attorneys
Attorney name Entered
Kippa, Jeffrey P 03-06-2019

Also known as
Name Type Date of birth
Sandoval, Edgar Also known as
Sandoval Gutierrez, Edgar J. Also known as

Citations
Citation BD6978635

Defendant name
Sandoval-Gutierrez, Edgar J.

Date of birth
09-06-1994

Sex
Male

Address (last updated 01-09-2019)
4017 E. Appleview Rd., Appleton, WI 54913

Bond amount

Deposit type
None

Appearance date and time
08-05-2019 01:00 pm

Mandatory
Yes

Plate number
883YVL

State
WI

Expiration
2019

VIN
2C3CDXBG7EH124844

Issuing agency
Appleton Police Dept.

Officer name
Woelfel, Jordan

Violation date
01-08-2019

MPH over

Plaintff agency
State of Wisconsin

Ordinance or statute
Statute

Statute
346.63(1)(a)

Charge description
OWI (4th)

Severity
Felony H

Citation BD6978624

Defendant name
Sandoval-Gutierrez, Edgar J.

Date of birth
09-06-1994

Sex
Male

Address (last updated 01-09-2019)
4017 E. Appleview Rd., Appleton, WI 54913

Bond amount

Deposit type
None

Appearance date and time
08-05-2019 01:00 pm

Mandatory
Yes

Plate number
883YVL

State
WI

Expiration
2019

VIN
2C3CDXBG7EH124844

Issuing agency
Appleton Police Dept.

Officer name
Woelfel, Jordan

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 AU9576932

Defendant name
Sandoval-Gutierrez, Edgar J.

Date of birth
09-06-1994

Sex
Male

Address (last updated 01-09-2019)
4017 E. Appleview Rd., Appleton, WI 54913

Bond amount

Deposit type
None

Appearance date and time
03-07-2019 09:30 am

Mandatory
Yes

Plate number
883YVL

State
WI

Expiration
2019

VIN
2C3CDXBG7EH124844

Issuing agency
Appleton Police Dept.

Officer name
Woelfel, Jordan

Violation date
01-08-2019

MPH over

Plaintff agency
State of Wisconsin

Ordinance or statute
Statute

Statute
346.63(1)(b)

Charge description
Operating w/ PAC (4th)

Severity
Felony H

Court record
Date Event Court official Court reporter Amount
01-17-2020 Response/reply

Additional text:
DNA Proof Submission form faxed from the Jail

01-14-2020 Assessment Report
01-14-2020 Corrected Judgment of Conviction McGinnis, Mark J
01-14-2020 Assessment Report
01-14-2020 Judgment of conviction McGinnis, Mark J
01-14-2020 Cash bond applied $2,362.39

Additional text:
20A 576615

01-08-2020 Dispositional order/judgment McGinnis, Mark J
01-08-2020 Appeal rights/info on postconviction relief
01-08-2020 Notice and acknowledge of def voting ineligibility
01-08-2020 Order Collection Biological Specimen DNA Analysis McGinnis, Mark J
01-08-2020 Plea questionnaire, waiver of rights
01-08-2020 Plea/sentencing hearing McGinnis, Mark J Otis, Terra

Additional text:
Sentenced

01-08-2020 Other papers

Additional text:
Interim Notice of Conviction

12-19-2019 Notice of hearing

Additional text:
Plea/sentencing hearing on January 8, 2020 at 11:00 am.

12-19-2019 Cash bond posted $1,500.00

Additional text:
19R 203256 The defendant shall appear on all court dates; give written notice to the Clerk of Court within 48 hours of any change of address or telephone number; shall not commit any crime; shall neither directly nor indirectly threaten, harass, intimidate or otherwise interfere with victims or witnesses in this action. No operation of Motor Vehicle. Pre-trial Services level 4. Random UAs. The Defendant is to maintain absolute sobriety – no alcohol or drugs unless prescribed by a physician.

12-18-2019 Report

Additional text:
Outagamie County PSA Report

12-18-2019 Cash bond set for Sandoval-Gutierrez, Edgar J. $1,500.00
12-18-2019 Bail/bond hearing McGinnis, Mark J Otis, Terra

Additional text:
In custody – P/S to be scheduled

12-18-2019 Warrant/Capias/Commitment served for Sandoval-Gutierrez, Edgar J.
09-16-2019 Bench warrant issued for Sandoval-Gutierrez, Edgar J. McGinnis, Mark J
09-13-2019 Bench warrant authorized for Sandoval-Gutierrez, Edgar J. McGinnis, Mark J
09-10-2019 Further proceedings McGinnis, Mark J Otis, Terra

Additional text:
Nonappearance – bench warrant authorized ($0) Stayed until 9/11/19 @ 4:00 p.m.

07-26-2019 Amended information
05-28-2019 Arraignment McGinnis, Mark J Otis, Terra

Additional text:
Reading of Information waived – not guilty pleas entered – trial dates scheduled

05-28-2019 Notice of hearing Biskupic, Vincent R. Otis, Terra

Additional text:
Pre-trial conference on September 10, 2019 at 09:00 am. Jury trial – 12 person on September 17, 2019 at 08:30 am.

05-16-2019 Notice of hearing returned

Additional text:
5/28/19 Hearing, not deliverable as addressed, unable to forward

05-09-2019 Notice of hearing

Additional text:
Arraignment on May 28, 2019 at 11:00 am.

04-23-2019 Notice of hearing returned
04-15-2019 Notice of hearing

Additional text:
Arraignment on May 13, 2019 at 02:00 pm.

04-15-2019 Notice of assignment of judge Biskupic, Vincent R.
04-15-2019 Order assigning judge/judicial assignment order McGinnis, Mark J
04-12-2019 Application for specific judicial assign approved Biskupic, Vincent R.
04-11-2019 Request for substitution

Additional text:
of Judge – Atty Kippa

04-04-2019 Information
04-04-2019 Demand for Discovery – Prosecutor

Additional text:
and Motion for Pretrial Orders – Atty Buruin

04-02-2019 Waiver of preliminary hearing McGinnis, Mark J Otis, Terra

Additional text:
Defendant waives preliminary hearing. Court finds probable cause and binds case over for arraignment

03-15-2019 Notice of hearing returned
03-07-2019 Further proceedings Figy, Brian Enli, Janice

Additional text:
Preliminary Hearing Requested Time limits waived. Same bond continues

03-07-2019 Notice of hearing

Additional text:
Preliminary hearing on April 2, 2019 at 10:30 am.

03-06-2019 Demand for Discovery and Inspection – Defendant
03-06-2019 eFiled Document Fee Paid $20.00

Additional text:
Adjustment Number: 19A 263095, Payable Number: 355752, Receipt Number: 19R 172193, Amount: $20.00

03-06-2019 Notice of retainer

Additional text:
-Kippa

03-05-2019 Amended complaint
01-10-2019 Cash bond posted $1,000.00

Additional text:
19R 165984 The defendant shall appear on all court dates; give written notice to the Clerk of Court within 48 hours of any change of address or telephone number; shall not commit any crime; shall neither directly nor indirectly threaten, harass, intimidate or otherwise interfere with victims or witnesses in this action. The Defendant is to maintain absolute sobriety – no alcohol or drugs unless prescribed by a physician. No operation of a motor vehicle for pendency of case

01-09-2019 Cash bond set for Sandoval-Gutierrez, Edgar J. $1,000.00
01-09-2019 Initial appearance Figy, Brian Enli, Janice

Additional text:
Deft appears while in custody. Further proceedings set.

01-09-2019 Summons
01-09-2019 Request

Additional text:
Reimbursement Request for Blood Draw Costs/$39.39

01-09-2019 Electronic Filing Notice
01-09-2019 Case initiated by electronic filing
01-09-2019 Complaint filed
Total receivables

Court assessments Adjustments Paid to the court Probation/other agency amount Balance due to court Due date
$2,362.39 $0.00 $2,362.39 $0.00 $0.00
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